May 16, 2012 – Easements and restrictive covenants, actual or potential, play a role in almost every real estate transaction – from sales to mortgages to land use. That’s why your library should include the State Bar of Wisconsin PINNACLE® Wisconsin Law of Easements and Restrictive Covenants, which analyzes the complex legal principles underlying these encumbrances, summarizes the underlying statutes and case law, and addresses prospective and evolving issues. Veteran Wisconsin property law attorneys Jesse Ishikawa and Dean B. Richards have now supplemented their 2009 edition dealing with this fundamental aspect of Wisconsin law.
Anyone who has done a title search knows that intentional easements come in a variety of forms and involve a wide range of issues, from utility lines to water mains, from parking lots to driveways to private roads. An entire chapter is devoted to drafting techniques, including checklists, and the book includes suggested model forms on disk, for easy use and adaptation. Accidental or incidental easements are also addressed, as are such issues as administration of easements, allocation of the costs of maintenance and repair, amendment and termination of easements, and special problems that can arise with easements serving condominiums and planned unit developments.
Restrictive covenants add their own complications to real estate transactions, including the developing issue as to whether such covenants should be subject to contractual analysis. The book also addresses such issues as standing to enforce a restrictive covenant, necessary parties, whether assertions of waiver or acquiescence may undercut an otherwise valid restrictive covenant, and how and when a restrictive covenant may be terminated or modified.
How to Order
Wisconsin Law of Easements and Restrictive Covenants is available both in print and electronically via Books UnBound®. Members may purchase the print edition for $90, plus tax and shipping. Subscribers to the State Bar's automatic supplementation service will receive future updates for a discount off the regular price. Annual subscriptions to Books UnBound start at $129 per title and $649 for the full library (single-use/solo-office prices; call for law firm pricing). For more information or to order, visit WisBar Marketplace or call the State Bar at (800) 728-7788.