Prescriptive Easement Claim

Listen to this article

WI Court of Appeals – District IV

Case Name: Kenneth S. Wade v. Alexa A. Pfister aka Alexa Bevers

Case No.: 2016AP1693

Officials: Lundsten, P.J., Blanchard and Kloppenburg, JJ

Focus: Prescriptive Easement Claim

Kenneth Wade owns property abutting Alexa Pfister’s property. In March 2015, Wade filed a complaint seeking a declaration, pursuant to WIS. STAT. § 893.28 (2015-16), that he had established prescriptive easements over five paths on Pfister’s property, which he used since March 1991, “for a period greater than 20 years,” to “mov[e] equipment necessary to the management of his land.” The circuit court granted Pfister’s motion for summary judgment and dismissed Wade’s complaint. Wade appeals. We conclude that Pfister is entitled to summary judgment because the undisputed facts establish that Wade failed to prove at least one of the elements of a prescriptive easement claim, as applied to the undisputed facts here: that since 2001 Wade’s use of Pfister’s “unenclosed land” was hostile or adverse to Pfister, contrary to the presumption under WIS. STAT. § 893.28(3) that Wade’s use was permissive. Accordingly, we affirm.

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.