Easement

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WI Court of Appeals – District II

Case Name: Tina Trahan, et al., v. Albert J. Hinton

Case No.: 2020AP35

Officials: Neubauer, C.J., Reilly, P.J., and Davis, J.

Focus: Easement

This action involves the interpretation of a ten-foot lake easement (the easement) granted to Albert Hinton in 1973. Tina Trahan, a current owner of the servient estate, and Stone Manor Condominium Association, Inc. argue that, as a matter of law, a pier is not allowed under the easement. Stone Manor challenges the trial court’s finding on partial summary judgment that the easement implicitly allowed for some sort of pier. The court held that a material question of fact existed as to whether the Hintons’ pier complied with the terms of the easement. Following a four-day trial, the jury found that the Hintons’ pier was reasonable and that the Hintons had not committed a trespass or a nuisance in the use of the easement. Stone Manor appeals from the final judgment in favor of the Hintons. The Hintons cross-appeal the court’s denial of their claim preclusion and prescriptive easement arguments.

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Derek A Hawkins is Corporate Counsel, at Salesforce.