My question involves real estate located in the State of: Wisconsin
For 12 years I have had a legal easement to pass along the edge of a construction companies property line for about 500 feet to get from my property which is vacant woodland to a dead end public road. I don't use this easement more than two or three times a year because I do have another way to get to my property from a different road. This easement is very important to me because if I sell part of the property in the future the easement would be the only access to that parcel. And I do use it when conditions are too wet to use the other entrance to my property.
The problem comes in that a third party who's property borders the construction companies land doesn't like to see me using the easement because it means he doesn't have the complete privacy that he would like to have at the end of the dead end road, his house being the only house on that road. So he has been parking junk cars or old boats in the easement, on the construction companies land so that I can't get through.
I have notified him in the past, as has the construction company that the easement must be kept open. That might get a clear easement for a week or two, but it is always blocked again soon. The construction company doesn't use that part of their property so it is only me that is being inconvenience by the third party.
I'm sick of it and I'm going to tells the owner of the construction company that its time to put a fence along the roughly 350 feet of the easement that borders this third party.
My question for you is, in this situation, who would be responsible for the cost of this fence?
I don't have the easement agreement in my hand at the moment, but it has language that says the owner of the easement and I will cooperate to make the agreement work. If it means anything, this company is a large one and I think they do have an attorney on staff.
Thanks much for your time in responding to my question.
For 12 years I have had a legal easement to pass along the edge of a construction companies property line for about 500 feet to get from my property which is vacant woodland to a dead end public road. I don't use this easement more than two or three times a year because I do have another way to get to my property from a different road. This easement is very important to me because if I sell part of the property in the future the easement would be the only access to that parcel. And I do use it when conditions are too wet to use the other entrance to my property.
The problem comes in that a third party who's property borders the construction companies land doesn't like to see me using the easement because it means he doesn't have the complete privacy that he would like to have at the end of the dead end road, his house being the only house on that road. So he has been parking junk cars or old boats in the easement, on the construction companies land so that I can't get through.
I have notified him in the past, as has the construction company that the easement must be kept open. That might get a clear easement for a week or two, but it is always blocked again soon. The construction company doesn't use that part of their property so it is only me that is being inconvenience by the third party.
I'm sick of it and I'm going to tells the owner of the construction company that its time to put a fence along the roughly 350 feet of the easement that borders this third party.
My question for you is, in this situation, who would be responsible for the cost of this fence?
I don't have the easement agreement in my hand at the moment, but it has language that says the owner of the easement and I will cooperate to make the agreement work. If it means anything, this company is a large one and I think they do have an attorney on staff.
Thanks much for your time in responding to my question.
Blocked Easement Problem
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