Town Road Right of Way
As published by the Wisconsin Towns Association:
There is no uniform standard under state statute to determine how big a road is. The answer to this question ultimately depends on the method that was used in the town’s acquisition of the road. If the highway was acquired by deed or written easement, the width of the road should be indicated on the deed or easement. The same is true if the road was acquired by acceptance of a plat. The width should be indicated on the deed or plat filed with the register of deeds. If the town laid out the road by issuing a highway order, the width should have been specified in that order. If no width was specified in that order, state statute provides that the road is 66 feet wide. See Wis. Stat. § 82.18. However, if the road was acquired by having worked it 10 years or more and there is not a written record laying out the road, the width is presumed to be 66 feet. See Wis. Stat. § 82.18(2). Towns should be aware that the presumption of a 4-rod road (66 feet) can be overcome by evidence of an ancient fence line, trees growing up to the edge of the road, natural barriers such as bluffs, etc. If the facts concerning the width are in dispute, litigation may have to be used to resolve the issue or the town might consider purchasing additional right of way by deed or entertaining a petition (or introducing a resolution) to widen the road and pay damages under Wis. Stat. § 82.10-14.