Prescriptive Easment

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Prescriptive Easment

I purchased a home a year ago in 2017 and the neighbor to north uses a partial of my land to get to his house. This partial was the old road which was discontinued when the new road was moved. When the road moved we were annexed to the new street giving our lots the extra square footage of the old road. In 2011 a certified mail from the township was given that a resolution of the right of way of the old road was going to be discontinued because of the new road which was recorded at the register of deeds. In 2012 an updated survey map was made for our lots showing the new lot lines with no easements noted or plotted. The neighbor to the north is only there 6mos. out of the year and is currently gone. I plan to tear up the portion of the road to install a larger front yardthe area he uses to get to his house. I have a sign posted ‘private property’ for 3 weeks which he has not seen since he’s gone. Can he claim prescriptive easement? even though the old street was not owned by us till 2012?

Asked on August 17, 2018 under Real Estate Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If your neighbor is left completely "landlocked"--that is, with no direct access from his land to a pubic road--then he can claim an easement by prescription. So if your plan to tear up part of the road will landlock him, he can get a prescriptive easement. If he still has access to a public road, he cannot.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption