Hunter v. McDonald

1976

Court: WI Supreme Court

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.

Posture: Trial court orders the McDonalds to remove the asphalt mounds, rocks, and steel pipes.

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)?

Holding: Yes. Affirmed.

Rule: Even if you don't physically encroach on an easement, if you obstruct it's use, that's a nuisance.

Reasoning: An easement is a permanent interest in land, including the right to enjoy it fully without obstruction.

Dicta: