AKG Real Estate, LLC v. Kosterman
Wisconsin Supreme Court
717 N.W.2d 835 (2006)
Relevant factsFree
The Kostermans (defendants) held recorded express easements over land later purchased by AKG (plaintiff), which wanted to develop a subdivision requiring the easements' relocation; the Kostermans refused, and AKG sought a declaratory judgment that the easements would terminate once it provided alternate road access. The lower courts split on whether both a 1961 and a later-recorded easement would terminate under this theory.
IssueFree
Whether the owner of a servient estate may unilaterally relocate or terminate an express easement without the dominant estate owner's consent.