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Casenotes

Wisconsin

Easements

Grygiel v Monches Fish and Game Club, Inc, 2008 AP 2028 (Wisc Ct App, 2009).

Facts:Grygiel's property bordered that of the Monches Fish and Game Club. Monches owned a 40-foot easement across the corner of Grygiel's property for the purpose of providing the club's members with a means of ingress and egress. Grygiel obtained a judgment in 1991 determining the exact nature and scope of the easement.

Karl Scheife was a member of the club and rented a home from the Unreins on a property adjacent to that of Monches. He was given permission to hunt on the Unrein property. In 2006, he and several hunters who were not members of the club used the easement over Grygiel's land to access the club's property. From there, the hunters crossed onto the Unrein property to hunt.

Grygiel sued the club and Scheife for trespass, breach of the easement contract, and violation of the 1991 judgment - specifically that the club was prohibited from granting anyone use of the easement in order to access property other than the club's.

Grygiel moved for summary judgment, and the court ruled in favor of the club on all three of Grygiel's claims.

Holding:Affirmed. The club did not enlarge the easement by allowing the hunters to cross onto the Unrein property once they accessed Monches. Scheif and the other hunters were invitees of the club and used the easement to gain access to the club's property. The easement did not require them to stay on the Monches property once they arrived. Furthermore, the hunters' use of the easement did not place any additional burden on the servient estate because it would have suffered the same burden if the hunters had decided to remain on the Monches property to hunt.

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[Last update: 12-2-09]