Niedfeldt v. Evans
Decision Date | 06 March 1956 |
Citation | 75 N.W.2d 307,272 Wis. 362 |
Parties | August NIEDFELDT, Appellant, v. Richard EVANS, Respondent. |
Court | Wisconsin Supreme Court |
Rice, Rice & Rice, Sparta, for appellant.
Bosshard & Arneson, La Crosse, for respondent.
Following the trial and before the entry of judgment, the plaintiff had moved for a new trial, for the following, among other reasons: because the court erred in refusing to allow the plaintiff to prove the existence of a new and satisfactory road leading across plaintiff's farm to the defendant's farm and giving defendant ingress and egress to and from his farm; because the court erred in refusing to give an instruction requested by plaintiff that an easement ceases when the reason for its existence ceases; and because the court erred in instructing the jury that the fact that gates were maintained at either end of the easement was entirely immaterial and should not be considered. These contentions are now advanced upon the appeal and it is here contended that these errors entitle the plaintiff to a new trial.
The plaintiff contends that an easement ceases when the necessity therefor ceases, and accordingly he is entitled to prove the existence of a public highway leading to the defendant's farm. As authority for his statement, he cites Kresge Co. v. Garrick Realty Co., 209 Wis. 305, 245 N.W. 118, which involved a party wall agreement. There is a general rule that easements are terminated with the cessation of the purpose or necessity for the easement. That rule is illustrated by the following quotations:
17 Am.Jur., Easements, p. 1023, sec. 137.
'Cessation of Purpose or Necessity
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...which holds that an express easement does not terminate even when the necessity or purpose of the easement ceases. Niedfeldt v. Evans, 272 Wis. 362, 364, 75 N.W.2d 307 (1956). ¶ 26 In Niedfeldt the defendant owned a prescriptive right of way across the plaintiff's land. Id. at 363, 75 N.W.2......
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...to exist." Jorns v. Fischer, 2010 WI App 159, ¶ 9, 330 Wis. 2d 497, 792 N.W.2d 240 (unpublished) (citing Niedfeldt v. Evans, 272 Wis. 362, 364-65, 75 N.W.2d 307 (1956)). Thus, "if the owner of landlocked property acquires another way to access the property, any previously granted easement b......
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...An easement by necessity lasts only as long as the necessity. Dallas v. Farrington, 490 So.2d 265, 271 (La.1986); Niedfeldt v. Evans, 272 Wis. 362, 75 N.W.2d 307, 308 (1956). Necessity ceases when the owner of the dominant estate acquires a permanent legal right to public access to the esta......