Wisconsin Statutes 710.20 – Maintenance and repair of private roads
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Terms Used In Wisconsin Statutes 710.20
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Land: includes lands, tenements and hereditaments and all rights thereto and interests therein. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
- Trustee: A person or institution holding and administering property in trust.
(1) Definitions. In this section:
(a) “Access easement” means an easement that is appurtenant to real estate and that provides ingress and egress between the real estate and a public road by means of a private road or driveway.
(b) “Access easement holder” means the owner of real estate that is benefited by an access easement.
(c) “Beneficial user” means a person that has a right to use a private road or driveway. “Beneficial user” includes an owner of real estate burdened by an access easement if the owner has a right to use the private road or driveway.
(d) “Owner” means a person that has a present ownership interest in real estate. “Owner” includes a purchaser of real estate under a land contract that has a right to occupy and use the real estate.
(e) “Private road or driveway” means a private road or driveway located on an access easement.
(2) Costs of maintenance and repair. Except as provided under sub. (4), the beneficial users of a private road or driveway shall contribute to the reasonable and necessary costs of maintenance and repair of the private road or driveway as provided in a written agreement entered into by the beneficial users for that purpose, in the instrument that created the access easement, or in a deed restriction, covenant, or declaration that sets forth the respective maintenance and repair obligations of the beneficial users. In the absence of such a document and except as provided under sub. (3), the beneficial users shall contribute an equitable share based on the amount and intensity of each beneficial user’s actual use in proportion to the amount and intensity of all beneficial users’ actual use. In determining whether costs are reasonable and necessary, the beneficial users may consider any of the following factors:
(a) Whether notice of, and an opportunity to participate in, the decision to undertake the maintenance and repair was provided to the beneficial users.
(b) Whether the costs were incurred for work that constituted improvements rather than maintenance or repair.
(c) Whether the work was of a reasonable quality and cost.
(d) The value of monetary or in-kind contributions to maintenance and repair made by beneficial users.
(3) Costs to repair damage. Except as provided in sub. (4), if a beneficial user or a guest or invitee of a beneficial user causes damage to a private road or driveway, except reasonable wear and tear, the beneficial user is solely responsible for the costs of repairing the damage.
(4) Exceptions. This section does not apply to an access easement to which any of the following applies:
(a) The access easement holder or the owner of real estate that is burdened by the access easement is any of the following:
1. A railroad corporation.
2. A public utility, as defined in s. 196.01 (5).
3. A water carrier, as defined in s. 195.02 (5).
4. An electric cooperative organized and operating on a nonprofit basis under ch. 185.
5. A natural gas company, as defined in 15 U.S. Code § 717a (6).
(b) The access easement holder or the owner of real estate that is burdened by the access easement is the state or any of its political subdivisions.