Property — prescriptive easements — permissive use

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Wisconsin Court of Appeals

Civil

Property — prescriptive easements — permissive use

Bradley Allen appeals a summary judgment dismissing his prescriptive easement claim against the Woelfel Family Revocable Trust and its co-trustees, Christian and Mary Woelfel. Under Wis. Stat. § 893.28(1), a prescriptive easement comes into being after twenty years of “[c]ontinuous adverse use of rights in real estate of another[.]” The circuit court concluded that Allen’s predecessors in title had permission to use the Woelfels’ property, and, as a result, the use was not adverse. Citing § 2.16 of the Restatement (Third) of Property: Servitudes (2000), Allen argues that permissive use may qualify as adverse use, if the use is made pursuant to an oral grant of irrevocable permission. He also contends that genuine issues of material fact preclude summary judgment. We reject Allen’s arguments and affirm. This opinion will not be published.

2012AP2415 Allen v. Woelfel Family Revocable Trust, et al.

Dist III, Oneida County, O’Melia, J., Per Curiam

Attorneys: For Appellant: Linz, Nicholas, Green Bay; For Respondent: Houlihan, John C., Minocqua