Easements

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WI Court of Appeals – District III

Case Name: Harry A. Joles, JR. v. Anthony M. Sciascia and Penny D. Sciascia

Case No.: 2015AP125

Officials: Stark, P.J., Hruz and Seidl, JJ.

Practice Areas: Easements

Anthony and Penny Sciascia appeal an order in this property dispute between adjoining landowners. Harry Joles’s property is benefitted by an easement for ingress and egress over the northernmost portion of he Sciascias’ land. Joles’s residence is located very near the property boundary, and he constructed a deck and access ramp to the residence along with other improvements that partially intrude into the easement area. The Sciascias challenge the circuit court’s conclusion that the deck and ramp were reasonable improvements to the easement for the purpose of ingress and egress. We reverse because Joles has failed to meaningfully address whether the improvements are consistent with the purpose of the easement grant, as required by the relevant case law. However, we remand to the circuit court to determine whether the equities demand that the improvements be removed and to consider whether either party is entitled to costs.

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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.