-
centerline easements
A centerline easement was conveyed in 1976 to the local township “33′ wide either side of centerline of the present and existing roadway”
I have read “either side” could be conflicting but for this augment lets go with a 66′ wide roadway.
my question is what if the existing to present centerline has changed over the years several feet and 33′ does not intersect a neighboring property as it did in 1976 does the present location of centerline take away the access to the town roadway? in the State of Wisconsin.
-
2 Replies
-
The plain language of the deed fixed the location at creation. The original easement doesn’t move when the monument (road) is disturbed. It is possible the dominant estate has earned additional prescriptive rights through use. You also need to trace your passive abandonment ststutes and case law to see if portions of the original easement have been vacated through disuse.
You need to compare the evidence to the required fact patterns to give an opinion. If the fact patterns are met the change in status is done.
Alternatively you can extract an agreement and clean up the record. That will be cheaper and more certain…
-
“You also need to trace your passive abandonment statutes and case law to see if portions of the original easement have been vacated through disuse.”
thats an interesting point.
Log in to reply.