S.S. Kresge v. Winkelman Realty

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S.S. Kresge v. Winkelman Realty
Court Wisconsin Supreme Court
Date decided January 8, 1952


Kresge's property contained an alleyway that connected to a barbershop; the barbershop was leased to Sears.

Kresge wanted to close the alleyway used to access the Sears building.

Winkelman Realty bought the property used by Sears. Winkelman used the alleyway to deliver goods to both Sears and the newly-acquired stores adjacent to Sears.

Procedural History

Kresge sued Winkelman to enjoin (prohibit) Winkleman from using the alleyway for any purpose other than the Sears-related department store.

The Wisconsin trial court ruled that Winkleman's use of the alleyway beyond the needs of the Sears store was placing too much burden on the Kresge servient estate.


Can prescriptive easements be used to access property other than the property that acquired the easement?


Prescriptive easements can't be used to access property other than the property that acquired the easement.


Easement use can't exceed the extent of the original use rights acquired to expand to additional properties.