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2006AP2747 Berkos v. Shipwreck Bay Condominium Ass'n.
Natural Resources
Riparian rights
The owner of riparian land cannot sell the land while reserving the right to use a pier.
"[W]e read Wis. Stat. § 30.133 to prohibit the severing by easement or by a similar conveyance of riparian rights from the riparian lands to which they are attached. Section 30.133 represents a policy decision by the legislature to reject the "majority rule" expressed in Stoesser that riparian rights may be granted or reserved to a non-riparian owner by an easement. By enacting § 30.133, the legislature decided instead that riparian rights would not be severable from riparian lands. To permit the reservation by easement of riparian rights upon transfer of title to riparian lands would be contrary to the legislature's policy choice indicated by its rejection of Stoesser."
Affirmed.
Recommended for publication in the official reports.
2006AP2747 Berkos v. Shipwreck Bay Condominium Ass'n.
Dist. IV, Juneau County, Dutcher, J., Higginbotham, J.
Attorneys: For Appellant: Berkos, Daniel M., Mauston; For Respondent: Goodman, Jonathan V., Milwaukee
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