2022 Wis. Act 174 protects the freedom to contract. It is against public policy to have a law automatically terminate a previously negotiated contract between two parties simply because the agreement was not re-recorded after 40 years. The presumption should be if the parties did not include a termination time frame in the access easement, then the easement continues in perpetuity.
Wisconsin property owners are better served with a simple exception from the statute, as is enjoyed by conservation easements, utilities and railroads easements, and interests of state and local governments.
The Wisconsin REALTORS® Association supported action by the state legislature in 2022 to amend Wis. Stat. § 893.33 to eliminate the statute of limitations for access easements. Like other contracts, critical real estate access easements establishing ingress and egress to property owners’ land would be honored as written and would not require re-recording after 40 years to remain in effect as intended.