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AKG Real Estate, LLC v. Kosterman

Wisconsin Supreme Court
717 N.W.2d 835 (2006)


Facts

Patrick and Susan Kosterman (defendants) purchased a house on a property without any road access. The Kostermans’ predecessors in interest held recorded easements over the neighboring property for access. AKG Real Estate, LLC (plaintiff) purchased the neighboring property in 1998, with the easements recorded on the deeds. AKG wanted to develop a subdivision that would require moving the Kostermans’ easements, but the Kostermans refused. AKG sought a declaratory judgment that the Kostermans’ easements would terminate once AKG provided alternate access to the public road. The trial court ruled that the easement in AKG’s 1998 deed would terminate once AKG provided access, but that an earlier easement from 1961 would remain. The appellate court ruled that both easements would terminate once AKG provided alternate access. The Kostermans petitioned for review.

Rule of Law

Issue

Holding and Reasoning (Prosser, J.)

Concurrence (Bradley, J.)

Concurrence (Abrahamson, C.J.)

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