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BOETTCHER LAW OFFICE <br /> V / ATTORNEY AT LAW 1 <br /> 17 APPLEGATE COURT SUITE 101 <br /> /7 P.O.BOX 9310 <br /> !1 MADISON.WISCONSIN 53715-0310 <br /> FIOGER W.BOETTCHER AREA CODE 608 <br /> TELEPHONE 273-4737 <br /> October 17 , 1990 <br /> Mr . Hal Burdekin <br /> 125 Flint Street <br /> Sun Prairie , WI 53590 <br /> RE : Ingress/Egress Easement <br /> Dear Hal , <br /> I have reviewed your question relative to the easement for <br /> ingress and egress reserved in your deed to Lot Two ( 2 ) of <br /> Certified Survey Map Number 5295 to James Engels and Linda J . <br /> Engels as it pertains to its availability to serve as access to two <br /> residential lots should you elect to subdivide Lot One ( 1 ) of <br /> Certified Survey Map 5295 . <br /> Assuming there are no other agreements relative to restricting <br /> the easement, it is my opinion that the present easement as <br /> reserved would be available to provide access to both of the newly <br /> created lots . A general discussion supporting this opinion is <br /> included in the memorandum attached hereto. Based upon an <br /> application of the general law of easements to your specific <br /> situation , it is my opinion that: <br /> ( 1 ) One additional residential parcel will not significantly <br /> increase the burden on the Engel parcel . <br /> ( 2 ) If there was some intent by the Engels or any <br /> understanding that the easement be restricted to the duplex it <br /> could have been specifically limited at the time of the creation <br /> or reservation of the access . <br /> This opinion is, of course , limited to the facts as expressed <br /> by you and the written easement as set forth on the Cert <br /> Survey Map and as expressly reserved in the deed . <br /> Please feel free to call me if you wish to discuss this r <br /> further . <br /> Very trul - yo rs , <br /> BOE ' AW OFFICE <br /> r.ger Boettcher <br /> - RWB; pc <br /> enclosure <br />