Easements

[NWWI]

I have an easement across a part of my hunting property in Wisconsin. It’s just an ingress/egress easement that goes with the property it serves. Nothing else is stated on the deed like utilities etc, just drive in/drive out. The neighbors who use it have just started using it recreationally for hiking and ATVing. Is that normal or should I ask them to knock it off because that isn’t what the easement is for?

 

[Ben.MN/WI]

I would assume the ingress/egress would cover any movement, including on foot and ATV.

 

[rocksnstumps]

I have similar across corner on my property. It serves to let the neighbors get to their 40 south of me which has touching corners with their other 40 to the west. That includes them hiking, vehicles or in the past their cows. My corner was surveyed and has a corner post. I have the fence moved about 20 ft off the post so they really have to stick to that little triangle of land and not wander all over mine when they exercise their easement right.

 

[bwoods11]

I have an easement across a part of my hunting property in Wisconsin. It’s just an ingress/egress easement that goes with the property it serves. Nothing else is stated on the deed like utilities etc, just drive in/drive out. The neighbors who use it have just started using it recreationally for hiking and ATVing. Is that normal or should I ask them to knock it off because that isn’t what the easement is for?

How wide is the easement? The owner of the property behind you had the easement rights?

 

[Tree Spud]

You have a challenging situation. They may be allowed to occupy the easements for the activities you describe unless the easement language puts restrictions on their use. Their is a legal definition to the easement limiting the right to to enter the easement, and to exit. There is not right to park and spend time on the easement for other activities. Interpretations of their activity will be tricky.

 

[roosterstraw]

If they’re walking/riding on the easement to get to the property I don’t think you have a case. If they’re walking/riding on the easement and turning around at the gate before getting on the property you would have a case.

 

[yoderjac]

I have an easement across a part of my hunting property in Wisconsin. It’s just an ingress/egress easement that goes with the property it serves. Nothing else is stated on the deed like utilities etc, just drive in/drive out. The neighbors who use it have just started using it recreationally for hiking and ATVing. Is that normal or should I ask them to knock it off because that isn’t what the easement is for?

I haven't seen the specific language, but ingress/egress means they have the right to use it to enter and exit. They can do it walking or with any vehicle unless there are more detailed restrictions in the deed. Generally, they also have the right to maintain it...again depending on the specifics of the deed.

 

[yoderjac]

If they’re walking/riding on the easement to get to the property I don’t think you have a case. If they’re walking/riding on the easement and turning around at the gate before getting on the property you would have a case.

Not much of one...I changed my mind...I forgot to get...I was maintaining it by packing down the gravel...I was inspecting it for maintenance purposes... you name it.

 

[NWWI]

If they’re walking/riding on the easement to get to the property I don’t think you have a case. If they’re walking/riding on the easement and turning around at the gate before getting on the property you would have a case.

I have it pretty well documented that they go down to the gate turn around and head back. Trail cameras document activities and times pretty well. I’m not normally this funny about people but I’ve had more than my fair share of extracurricular incidents off the easement and on it. It’s been a trash can, race track and don’t even remind me of the bathroom issues…….

 

[yoderjac]

I have it pretty well documented that they go down to the gate turn around and head back. Trail cameras document activities and times pretty well. I’m not normally this funny about people but I’ve had more than my fair share of extracurricular incidents off the easement and on it. It’s been a trash can, race track and don’t even remind me of the bathroom issues…….

I think you're barking up the wrong tree. You will have an uphill battle trying to focus on use of the easement. I would focus on off-easement trespass and activities. There, you have solid footing.

 

[roosterstraw]

I have it pretty well documented that they go down to the gate turn around and head back. Trail cameras document activities and times pretty well. I’m not normally this funny about people but I’ve had more than my fair share of extracurricular incidents off the easement and on it. It’s been a trash can, race track and don’t even remind me of the bathroom issues…….

Yeah I wouldn’t put up with that. I’d actually talk to the property owner and let him know you’re putting up a gate and just give him a key to it.

 

[Tree Spud]

I have it pretty well documented that they go down to the gate turn around and head back. Trail cameras document activities and times pretty well. I’m not normally this funny about people but I’ve had more than my fair share of extracurricular incidents off the easement and on it. It’s been a trash can, race track and don’t even remind me of the bathroom issues…….

I'll comment here from dealing with several easements and problems I have had over the years.
- You have probably already done this, but get to know the land owner who has the easement. Be polite, but be clear that the easement is only for accessing his property. Hand him a copy of the easement
and legal definition of what he can do.
- Communicate to him the trespassing you have documented. Let him know you will call the Sherriff next time. This is important as it creates a record of issues.
- As mentioned above, a gate is a great idea. It can control access.
- Document in writing back to him every conversation you have with him.

From a legal standpoint, very difficult for you to file suit as it will be "he said, she said". You will spend a lot of money with very little result. A better approach is to leverage the locked gate. If he does not follow the easement use restrictions, tresspasses, etc., change the lock on the gate. Force him to experience some frustration and to either respect the easement or consider legal action. Let him spend the money. Odds are he won't. With the changed lock you can always play dumb that you mailed the key, dropped in his mail box, etc.

Until you create discomfort for him, he won't change his behavior.

 

[NWWI]

I'll comment here from dealing with several easements and problems I have had over the years.
- You have probably already done this, but get to know the land owner who has the easement. Be polite, but be clear that the easement is only for accessing his property. Hand him a copy of the easement
and legal definition of what he can do.
- Communicate to him the trespassing you have documented. Let him know you will call the Sherriff next time. This is important as it creates a record of issues.
- As mentioned above, a gate is a great idea. It can control access.
- Document in writing back to him every conversation you have with him.

From a legal standpoint, very difficult for you to file suit as it will be "he said, she said". You will spend a lot of money with very little result. A better approach is to leverage the locked gate. If he does not follow the easement use restrictions, tresspasses, etc., change the lock on the gate. Force him to experience some frustration and to either respect the easement or consider legal action. Let him spend the money. Odds are he won't. With the changed lock you can always play dumb that you mailed the key, dropped in his mail box, etc.

Until you create discomfort for him, he won't change his behavior.

That is good advice. I know the guy but have never had much luck dealing with him since it wasn’t him directly I was having issues with. Maybe I do need to put some heat on him. I always hated doing it in fear of having deer stands messed with or an increase in bad behavior. Thank you for the input.

 

[MRBB]

personally if it was me I would have an attorney read the legal documents on things and know for certain what they can and cannot do, and once you have this knowledge and know exactly what can./cannot be done by them and YOU
from there I would maybe make contact and voice your concerns, and wishes, and what steps you will be taking to see things are followed as they are supposed to be

as if for what ever reason, your Not 100% correct and put up a fence or gate, you could end up the one in trouble and with legal fee's and things can turn around and end up biting you in the ass
as if your wrong on anything, it can end up you being the one harassing THEM and causing them pain and distress, and end up you being sued or liable to moving gate, down they couldn;t access there property or??? harassment or??

the old saying Knowledge is power, and this is why we have lawyers sadly

better to be the one with all the facts in a row than just HOPING your right with what your saying or doing!
just my 2 cents
I have dealt with several BAD neighbors , over the decades, enough to know, I will never confront one unless I am 110 % sure where I stand on things and the laws on my side!
sucks paying a lawyer , but its many times money well spent too!

 

[MRBB]

also, another thing you can do if NOT done yet, is have the easement surveyed and marked with posted signs or painted exactly where lines are on all sides of the easement
then you also will have legal proof of where things are, all the more so if they trespass
as without legal proof of boundary lines, law enforcement will NOT do anything, as they cannot just TAKE your word for things, nor will a judge if it goes to court!
it again will NOT be free to have done, but it will work in your favor if they don;t stay on there easment!

 

[b116757]

I have an easement across a part of my hunting property in Wisconsin. It’s just an ingress/egress easement that goes with the property it serves. Nothing else is stated on the deed like utilities etc, just drive in/drive out. The neighbors who use it have just started using it recreationally for hiking and ATVing. Is that normal or should I ask them to knock it off because that isn’t what the easement is for?

Honestly it sounds to me that they are using the easement for exactly what it’s for. Now if they are running willy nilly all over your property and are not using the legally described easement that’s a different story but they can wonder back and forth on the easement a 1000 times a day if it suits them to access their property. I would personally not worry about it at all if it was me.

 

[NWWI]

Honestly it sounds to me that they are using the easement for exactly what it’s for. Now if they are running willy nilly all over your property and are not using the legally described easement that’s a different story but they can wonder back and forth on the easement a 1000 times a day if it suits them to access their property. I would personally not worry about it at all if it was me.

I was curious to see what everyone’s definition and experience of an easement was. Every definition I see is a documented area for a landlocked property to get from point A to point B. I figured nature hikes, dog walking and using it as a bathroom might not be included in the legal definition.

 

[homerj1]

I was curious to see what everyone’s definition and experience of an easement was. Every definition I see is a documented area for a landlocked property to get from point A to point B. I figured nature hikes, dog walking and using it as a bathroom might not be included in the legal definition.

I would agree with you, but I'm not a real estate attorney. I assume the easement was written by someone who was. I'd be consulting that person/firm to find out just exactly what the legalese says.

 

[Tree Spud]

I was curious to see what everyone’s definition and experience of an easement was. Every definition I see is a documented area for a landlocked property to get from point A to point B. I figured nature hikes, dog walking and using it as a bathroom might not be included in the legal definition.

Let the owner know you are allowing several folks to trap your property and they will be putting out snares for coyotes and leg traps for coons on and around the easement.

 

[MRBB]

I was curious to see what everyone’s definition and experience of an easement was. Every definition I see is a documented area for a landlocked property to get from point A to point B. I figured nature hikes, dog walking and using it as a bathroom might not be included in the legal definition.

just my view here,
actually using it for hiking walking would be what a easement is for IMO
its for the owner of the land to use as a road basically
if that means walking down the road 50 times a day, its there access to things, and honestly I don't see that being stopped, as long as they DON"T leave the easement, I doubt you will have much to say
But again, this is why we have lawyers, and not just using, mine or your's or any other lay man's views here or our opinion on what an EASEMENT means legally!
if you want to know what the true use of it will be in a legal manor, your ONLY real option again is to seek legal advice on it, and on it as it pertains to YOUR exact situation!

I also again am pretty certain, this will then, mean you will NEED to have the easement legally survived, so you can PROVE if needed where YOUR lines are and there easement lines are!
this burden will fall on you 100%
unless you do this, you will most likely not have anything to legally say here
so, you have to decade if the costs are worth it to you or not!
I am guessing here based on what I know
a survey will run you about 2 grand +- pending how long the easement is, guessing on say a acre in all!
add in what YOUR lawyer will run you(say 200 an hour and guess about 6- 8 hrs of work they will charge you for)
gives you a ball park on price in everyday market in MY area that is!

know folks in places or??
maybe less, OR maybe more!

is them hiking walking back and forth, and ?? using as bathroom worth this costs ,
and keep in mind, pending what the EASEMENT legally means,
you may or may NOT have options for you can do to change things!
minus maybe the bathroom thing, and then that will come down to what the local authorities MAY or may not be willing to do there!
OH hell, just look at what they did in Kalamazoo, MI< where they just made public urination, defecation more or less legal!
what a crazy world we live in any more!


https://www.deseret.com/u-s-world/2...nalizes-public-urination-defecation-littering