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Property – easements — reformation
By: WISCONSIN LAW JOURNAL STAFF//November 4, 2014//
Listen to this articleWisconsin Court of Appeals
Civil
Property – easements — reformation
The circuit court did not err in relying on extrinsic evidence of intent to reform an easement.
“We conclude the circuit court properly exercised its equitable authority when it reformed the Declaration. It is only necessary that the instrument describe the easement location with ‘reasonable certainty.’ See Wiegand v. Gissal, 28 Wis. 2d 488, 492, 137 N.W.2d 412 (1965). The Declaration does so, and the extrinsic evidence relied on by the circuit court has an adequate foundation in the Declaration’s language. Further, the evidence at trial was sufficient to establish mutual mistake. We therefore affirm.”
Affirmed.
Recommended for publication in the official reports.
Dist. III, Forest County, Stenz, J., Cane, J.
Attorneys: For Appellant: Kirschling, Michael J., De Pere; Stellpflug, C. D., De Pere; Peterson, Christina L., De Pere; For Respondent: Olk, Richard M., Antigo; Rhode, John B., Antigo
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