Property — easements

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Wisconsin Court of Appeals

Civil

Property — easements

This case involves an express easement over a private road that provides lake access. The easement runs across five adjoining lots and terminates at the property line of a sixth lot. The owners of one of the lots, Donald and Patricia Brandl, appeal circuit court orders resolving several disputed issues relating to the easement.

The Brandls raise five issues on appeal. They argue that the circuit court erred by: (1) concluding that lot owner Paul Becker has a right to use the easement; (2) determining the exact location of the easement to be different from that depicted on a 1985 certified survey map; (3) concluding that each lot owner has the right to use the entire length of the lake access road; (4) concluding that certain existing structures on or near the easement need not be removed; and (5) requiring that dominant estate owners provide two weeks’ notice to servient estate owners before performing extraordinary maintenance on the easement. We reject each of the Brandls’ arguments and affirm the circuit court’s orders. Not recommended for publication in the official reports.

2012AP1703, 2012AP2812 Brandl v. Hower, et al.

Dist III, Sawyer County, Eaton, J., Blanchard, P.J.

Attorneys: For Appellant: Kirschling, Michael J., De Pere; Peterson, Christina L., De Pere; For Respondent: Bruder, Tanya Marie, Eau Claire; Kelsey, Michael A., Hayward