Court: |
WI Supreme Court |
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Facts: |
One family has an easement to use another's driveway. Previous
owners zoomed, so the driveway is lined with obstacles. The
two families disagree about whether a garage can be built
near the property line, so the driveway owner makes more
obstacles, to the point where the driveway isn't useable
for large-ish vehicles any more. |
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Posture: |
Trial court orders the McDonalds to remove the asphalt mounds,
rocks, and steel pipes. |
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Issue: |
Are the obstacles a nuisance (i.e., does this use of McDonald's
property unreasonably interfere with Hunter's use of his
own property)? |
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Holding: |
Yes. Affirmed. |
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Rule: |
Even if you don't physically encroach on an easement, if you
obstruct it's use, that's a nuisance. |
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Reasoning: |
An easement is a permanent interest in land, including the right
to enjoy it fully without obstruction. |
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Dicta: |
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