Hi everyone, - we are in Wisconsin.
My lawyer went to a status hearing, and the judge informed everyone, even though the motion hasn't been heard yet, that the people suing us to use an easement (there is no written instrument - been around for 80 years - they are not landlocked if they would not get rights to cross my property) will win their motion on July 1 to set the width (of a yet to be determined easement) to 14 feet. The problem?
A. We haven't even had the motion seeing how it is going to be Jul 1.
B. Our whole north property (100 feet) has a 13 foot driveway. The people suing us have a 10 to 13 foot driveway, then in between us there are 2 connecting houses where the driveway runs 16 feet to 22 feet wide. Can this clown judge really order us to pave an extra foot, or allow people to use this extra foot when it has never been used and there is nothing written about this thing. Does this seem right? The lawsuit hasn't even come up at all yet (and we are planning on filing a summary judgement). I should also mention that after this hearing, my neighor went out to pave an extra 1 to 3 feet to the existing width of the easement.
Do we really need to have it surveyed before the end of this lawsuit? Seems ridiculous, what if by chance I appeal, because I know this *judge* will probably have us losing and we will appeal this thing. Do we get reimbursed? No probably not ... so where is the rationale?