WI · jury_instructions
Wis JI-Civil 3079
Termination of easement by abandonment
(Servient landowner) contends that the easement was abandoned by (easement holder).
To prove this abandonment, (servient landowner) must prove that (easement holder) has
shown by (his) (her) (its) conduct a clear intention to forgo all future uses authorized by
the easement. The fact that (easement holder) has not used the easement for (specify period
of nonuse, e.g., three years) is not by itself proof of abandonment, but it is evidence that
you may consider in deciding whether (he) (she) (it) intended to abandon the easement.
You must find that (easement holder)’s conduct clearly indicates an intention to give up
the use of the easement for the future as well as for the present.
[Conduct, that is inconsistent with the continued use of the easement, indicates an
intention to give it up].
[Use this paragraph if there is evidence of that the easement holder made verbal
expressions indicative on an intent to abandon: Verbal expressions, by themselves are
insufficient to constitute the type of conduct required to forgo all future uses authorized by
an easement. However, verbal expressions may give meaning to acts that indicate an
intention to abandon an easement but do not conclusively demonstrate such an intention
on their own.]
History
Wis JI-Civil 3079 (2022). Release No. 53. Wisconsin Court System, 2022. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
21e7157ecad4ca88e63e9dac7154b4281f376c1b4390c833a28aed5bd4c43372
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