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Schwab v. Timmons | 589 N.W.2d 1 (1999)

Every parcel of land is supposed to have some sort of access to the outside world, meaning a way to get in or out. So, what happens if the owner sells or conveys that access away? The court in Schwab versus Timmons blazed a path to the answer.

The United States had owned three adjacent lots of land that bordered the Green Bay on the west side and ran eastward past a high bluff that ranged from thirty-seven to sixty feet tall. A private road ran from what later became the Lenz parcel in lot two all the way south to the public road in lot five.

The government sold parcel four to a private buyer in 1854 but didn’t retain access to the private road to get from the public road to lots three and two. The government then sold lots three and two in 1882. All lots were subdivided, and by the mid-1970s, the northernmost parcels in lot two were owned by the Schwabs and McCormick.

Because the Schwab and McCormick parcels initially extended above the bluffs, the owners could access a different public roadway. But around 1974, both owners conveyed away their property above the bluff. Afterward, both their parcels ended below the bluff line. Neither parcel retained any right-of-way to a public road.

The Schwabs and McCormick tried unsuccessfully to negotiate access to the private road. They also petitioned the village to extend the public road from lot five over the private road and up to the McCormick parcel. The village declined.

The Schwabs and McCormick, whom we’ll call the landowners from here on, sued Helen Timmons and the owners of the parcels over which the private road ran, seeking an easement by necessity or implication. The landowners sought access to the private road and the right to extend it over the Lenz and Timmons parcels up to the McCormick parcel. The trial court dismissed their complaint, and the court of appeals affirmed. The landowners appealed to the Wisconsin Supreme Court.

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