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YOUNG LAW OFFICES <br /> 330 S. Whitney Way, Suite 200 <br /> Madison, WI 53705-4638 <br /> October 21, 1998 <br /> Mr. Pat Anderson <br /> Dane County Zoning <br /> City-County Building, Room 116 OCT 2 2 1998 - <br /> Madison, WI 53709 <br /> Rezone Petition #7378 C 1 P <br /> r _ <br /> Dear Mr. Anderson: ; <br /> I have been retained by William and Michelle Ziche to <br /> present my legal opinion regarding the easement which Grant <br /> Slotten granted to Prim-Rose Recycling. <br /> It is my legal opinion that the easement is perpetual, runs <br /> with the land, and benefits whoever owns the parcel that <br /> Prim-Rose owned. The following analysis explains the basis <br /> for my opinion. <br /> First, the grant to Prim-Rose Recycling was labelled an <br /> easement. If the right to use this roadway was granted <br /> solely to Prim-Rose Recycling, it should have been called a <br /> license. Second, the easement did not specifically limit <br /> the right of usage to Prim-Rose Recycling. Third, the <br /> easement was drafted in recordable form and was in fact <br /> recorded. The only reason to record it is to let the world <br /> know that Prim-Rose Recycling had the right to use Mr. <br /> Slotten's property to access their property. The subsequent <br /> owners have transferred that right and the title insurers <br /> have promised to protect the Ziche's right of access across <br /> Mr. Slotten's land. <br /> However, it is my understanding that Mr. Slotten wishes to <br /> prevent the Ziches from using this easement. I must point <br /> out that Mr. Slotten's intent at the time the easement was <br /> originally granted cannot alter the terms of the agreement. <br /> In short, Mr. Slotten is legally bound by what Attorney <br /> Roger Merry drafted and cannot change it. <br /> Sincerely, <br /> YOUNG LAW OFFICES <br /> a - <br /> Ho rd A. Young1 <br /> Attorney <br /> cc: William anct . . - - Ziche <br /> 2 Enclosures <br />