Wisconsin Law of Easements and Restrictive Covenants (forms included)

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Published by: State Bar of Wisconsin PINNACLE
ISBN: 978-1-57862-518-5 306+ pp.; 6th ed. 2021-22 (includes 2024-25 supplement) includes forms
Wisconsin Law of Easements and Restrictive Covenants (forms included)

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Understand the basis of airtight easements and covenants

If you deal with real property, you need the Wisconsin Law of Easements and Restrictive Covenants. It provides a comprehensive look at the statutes and case law, as well as evolving issues. Armed with this background, you’ll be more able to avoid common pitfalls and provide more effective representation.

The 2024–25 supplement includes a number of updates, such as:

  • In 2022, the Wisconsin Supreme Court addressed acquisition of prescriptive rights for public utilities under Wis. Stat. § 893.28(2)
  • The Wisconsin Court of Appeals recently considered whether a plat that reserved pier privileges for certain lot owners conveyed easement rights or riparian rights upon the lot owners
  • The Wisconsin Court of Appeals recently explained how a title insurance policy should be construed in Wisconsin and clarified what land a title insurance policy insures, including the circumstances under which such a policy insures an easement
  • In 2023, the Uniform Law Commission adopted the Uniform Restrictions in Land Records Act, which provides a process for removing discriminatory covenants from title records

The 2021–22 revision includes a number of changes, such as:

  • A newly enacted statute that addresses the riparian rights of owners of lands that abut navigable waterways and are adjacent to hydroelectric plants
  • A recent Wisconsin Court of Appeals opinion discussing circumstances under which a dominant-estate owner might be found to have abandoned an easement
  • A new statutory subsection pertaining to limitations on actions that are based on an express easement that allows a person to travel across another’s land for a specified purpose
  • Recent Wisconsin Supreme Court and Wisconsin Court of Appeals decisions discussing circumstances in which Wisconsin courts might find a term in a restrictive covenant ambiguous, and the approach courts take to resolve ambiguity

Added and revised discussions about various topics, including the trend that Wisconsin courts follow when interpreting restrictive covenants, the approach Wisconsin courts take to determine the intent of the parties to a restrictive covenant, and the limitations and notice requirements for actions to enforce restrictive covenants

Table of contents

  1. Definition and Characteristics of an Easement
  2. Creation of Easements
  3. Construction Issues
  4. Drafting Considerations
  5. Amendment and Termination of Easements
  6. Enforcement of Easements
  7. Use of Owners' Associations to Administer Easements
  8. Restrictive Covenants: Considerations and Construction
  9. Enforcement of Restrictive Covenants

Appendices

  • Selected Wisconsin Statutes
  • Parking Lot Easement Agreement
  • Joint Driveway Easement Agreement
  • Declaration of Easement for Private Road and Public Utilities
  • Utility Easement Agreement
  • Release of Recorded Easement
  • Release of Platted Utility Easement
  • Release of Utility of Right in Discontinued Right-of-Way

Index

Both the print and Books Unbound versions include a complete set of fillable, unannotated forms via download.

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About the Supplement Authors

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