BENSON LAW OFFICE, LTD
Adam C. Benson
Adon C, Denson Telephone 715-349-5215
Fete Fax 715-349-7511
bensonlaw@sirentel.net
24161 State Road 35/70
E P.O. Box 370
Siren, Wisconsin 54872-0370
March 9, 2018
Terry Carleton
P.O. Box 32
Webster, WI 54893
Re: David Moeller / Rainbow Lake Property Owners Association
Dear Mr. Carleton:
Please be advised that this office has been retained by David Moeller as it relates to the property
hhe owns at the end of Pot of Gold Road and is not currently a part of the Rainbow Lake
Homeowners Association. It is my understanding that there has been a dispute between the
parties regarding Mr. Moeller’s right to access this lot over Pot of Gold Road and whether or not
any eventual purchasers of that property would be able to use Pot of Gold Road for acess.
‘As I am sure you are already aware, Mr. Moeller also owns Lots 20 and 21 of the Plat of
Rainbow Lake and thus has the absolute right to utilize all of Pot of Gold Road as he sees fit
This includes the right to access his property at the end of Pot of Gold Road even though that
property is not located within the Plat.
Despite this, my client would like to work with the Rainbow Lake Homeowners Association to
insure proper legal access to his lot should he ever wish to sell the lot at the end of Pot of Gold
Road without including one of his lots in the Plat of Rainbow Lake. As I am sure you are aware,
this would result in litle to almost no change in the vehicular traffic over Pot of Gold Road. In
addition, it appears Mr. Moeller may be able to claim an easement by prescription since both
himself and the predecessor in title have always used Pot of Gold Road to access said lot, I am
sure we can come to an amicable agreement between the parties to grant a separate easement for
Mr. Moeller’s lot at the end of Pot of Gold Road.Carleton
Page 2
March 2, 2018
I would appreciate it if you would discuss this matter with your Homeowner's Association and
ick to me at your earliest convenience as to whether or not an easement will be
RMB: jf
ce: David B. Moeller