Adverse Possession – Permissive Use

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Civil

WI Court of Appeals – District III

Officials: Stark, P.J., Hruz, J., and Thomas Cane, Reserve Judge

Adverse Possession – Permissive Use

2014AP1854 Randall A Hattamer v. Northern States Power Company

On appeal, the Hattamers appear to argue that the area of permissive use that Northern States historically granted to owners of the Hattamers’ property was, in fact, a small distance south of the location of parties’ property boundary, which the circuit court concluded had not changed since 1950. We conclude the circuit court’s finding that the parties’ property line had not changed since 1950 was not clearly erroneous. We further conclude that the circuit court, in construing various documents authorizing the Hattamers’ and their predecessors’ permissive use, did not err when it interpreted those documents—consistent with its factual finding regarding the property line—as including use of Northern States’ land up to that property line. Finally, the Hattamers have not shown the circuit court erroneously exercised its discretion when it denied their motion for reconsideration. We affirm.

Decision

Affirmed

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.