The WRA supports AB 707/SB 682, legislation eliminating a statutory expiration of access easements in Wisconsin.

Details and background

An access easement is an interest in real property that gives someone the right to use another person’s property; a right that is not automatic and, under current Wisconsin law, must be established in writing and recorded to be preserved. Easements are used for accessing landlocked parcels, waterfront property and hunting lands. 

Under current law in Wisconsin, access easements automatically expire after 40 years unless renewed by rerecording the easements. Because most property owners are unaware of the re-recording requirement, these access easements expire and thus cause tremendous confusion and negatively impact property values.

AB 707/SB 682 would fix this problem by:

• Eliminating the re-recording requirement for access easements.
• Eliminating the 40-year statute of limitations for access easements.
• Allowing recorded access easements to continue in perpetuity unless the parties agree otherwise. 

Legislation status

This legislation had an assembly committee hearing on January 12, 2022.

Legislation author

Wisconsin Sen. Andre Jacque (R-De Pere).

Learn more

Sen. Andre Jacque discussed this legislation in episode 34 of the Capitol Insights podcast. Listen at www.wra.org/capitolinsights/episode34. Also watch for more information from the WRA in Wisconsin Real Estate Magazine as well as the Capitol Insights email.