Easement

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WI Court of Appeals – District III

Case Name: Nancy Kucharski v. David Meloney, et al.,

Case No.: 2018AP2266

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

Focus: Easement

Nancy Kucharski appeals a judgment dismissing her action to terminate an easement over her property. The circuit court, relying on our decision in Gojmerac v. Mahn, 2002 WI App 22, ¶36, 250 Wis. 2d 1, 640 N.W.2d 178 (2001), concluded that when one of the lots holding an express easement over Kucharski’s property was subdivided in 1997, both owners of the newly created parcels were entitled to make use of the easement.

Kucharski argues that the recording of two certified survey maps (CSMs) in 1979—which together created a six-lot subdivision that included Kucharski’s property and the subsequently subdivided lot at issue in this case— created “a common plan or scheme” intended to prevent the six original lots from being further subdivided. Thus, she contends the circuit court erred by applying Gojmerac to the facts of this case. We disagree and affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.