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Wisconsin Law of Easements and Restrictive Covenants

Product ID: AE0202_SUB
Published By: State Bar of Wisconsin PINNACLE
ISBN: 978-1-57862-518-5

Part of the Books Unbound Library Collection: Real Estate Law

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.

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Part of the Books Unbound Library Collection: Real Estate Law

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.

Read More ↓

306+ pp.; 6th ed. 2021-22

 

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

Index

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

The 6th Edition, 2021–22 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 

State Bar of Wisconsin PINNACLE® is the premier publisher of practice guides and handbooks for Wisconsin's attorneys, written by Wisconsin's attorneys. PINNACLE relies on the expertise and contributions of volunteers from within the State Bar of Wisconsin membership to help develop and deliver timely, relevant information to assist Wisconsin's attorneys provide the highest-quality representation and service.

About the Authors

For an in depth view of the content in this book, please click to view Table of Contents.

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Books UnBound® is the exclusive online digital resource from State Bar of Wisconsin PINNACLE® books that Wisconsin attorneys have trusted and relied on for decades, including all the “brown binders” and other treatises, the Wisconsin Attorney’s Desk Reference, Wisconsin Judicial Benchbooks, and now all of our most recent books previously released in print only. Featuring a fast, user-friendly interface protected by two-factor authentication, a powerful search function, an expanded notes feature, and one-click access to Fastcase and other primary law resources, Books UnBound is a one-stop shop for all your legal research needs.

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