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S.S. Kresge v. Winkelman Realty: Difference between revisions
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Revision as of 03:00, July 14, 2023
| S.S. Kresge v. Winkelman Realty | |
| Court | Wisconsin Supreme Court |
|---|---|
| Citation | |
| Date decided | January 8, 1952 |
Facts
Kresge's property contained an alleyway that connected to a barbershop; the barbershop was leased to Sears.
Kresge wanted to close the alleyway used to access the Sears building.
Winkelman Realty bought the property used by Sears. Winkelman used the alleyway to deliver goods to both Sears and the newly-acquired stores adjacent to Sears.Procedural History
Kresge sued Winkelman to enjoin (prohibit) Winkleman from using the alleyway for any purpose other than the Sears-related department store.
The Wisconsin trial court ruled that Winkleman's use of the alleyway beyond the needs of the Sears store was placing too much burden on the Kresge servient estate.Issues
Can prescriptive easements be used to access property other than the property that acquired the easement?
Holding
Prescriptive easements can't be used to access property other than the property that acquired the easement.
Rule
Easement use can't exceed the extent of the original use rights acquired to expand to additional properties.
