Experienced Wisconsin Easements Attorneys

Last updated on August 5, 2024

If you own property in Madison or are considering a purchase, it’s crucial to understand easements. It’s possible you’ve heard of the term before but don’t quite understand what it means. That’s where we come in – the experienced real estate lawyers at W.R. Stewart & Associates, S.C.. With over 75 years of combined experience, we are familiar with real estate laws, including easements, and will help ensure you understand how they work and how they can serve you.

Understanding Easements In Dane County

An easement is a part of real estate law that authorizes another party to use your land for a specific purpose. Easements are more common than you may realize.

Common types of easements include:

• Utility easement: Allows utility companies to access plumbing and power lines through your land.
• Private easement: Allows another party specific use of your property for certain purposes, such as letting a neighbor access a lake behind your property.
• Public easement: Allows use of an area of property for the needs of the public.
• Prescriptive easement: Allows use of your property for an agreed-upon amount of time.

However, easements can also be:

• Positive easement: Also known as an affirmative easement, this is when the easement allows permission to use the land for a certain purpose. For example, allowing utility companies to access your land to draw power lines is a positive easement.
• Negative easement: This type of easement generally restricts or prohibits the use of land for a certain purpose. For example, you may establish an easement that prohibits your neighbor from building a fence that blocks the view behind your home.

Easements provide rights for property owners when used correctly. Our attorneys can help you better understand easements if you’re considering purchasing property and determine whether an easement can provide you with additional security.

Do Easements Have Restrictions?

Yes. Easements do not allow someone to permanently occupy the land or exclude others from the land unless it interferes with their use of the property. There are also different types of property restrictions that can come into play, such as restrictions related to construction and zoning by local ordinances or with homeowners association regulations.

It’s crucial to have an attorney help review your easements so that you’re not violating any terms that can impact your rights or your property.

Do Easements Affect Property Value?

In most situations, an easement will not have a negative impact on the value of your property. Unless the easement significantly restricts the usage of your land, your property value should not be affected. However, if you’re concerned about how an easement will impact the resale value, we can help you investigate similar properties with easements and determine the potential risks.

Legal Representation You Can Trust

If you’re facing any real estate concerns about easements, it’s best to speak with a knowledgeable easement lawyer. At W.R. Stewart & Associates, S.C., our team has the experience you need to make a smart decision regarding easements and your property.

Call today at 608-509-9049 or send an email through the online form. We serve clients throughout Madison and Dane County.