Wisconsin Adverse Possession Laws
Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
Maybe you've seen a few dilapidated acres just sitting there and wonder why it can't go to better use. Or maybe you’ve heard a story or two about someone who had land out in the country, only to lose some of it to trespassers. These are cases that may fall under “adverse possession” law, which can be pretty confusing area to the layperson. So how does it all work, and what are the particulars in the Badger State? This is a quick introduction to adverse possession laws in Wisconsin.
Adverse Possession Laws in General
The legal doctrine known as "adverse possession" allows trespassers who openly inhabit and improve a piece of property to gain title to that property by meeting some specific conditions. Wisconsin's adverse possession laws require an individual to occupy property publicly for at least 10 years before the possibility of ownership.
Adverse Possession in Wisconsin
The main provisions of Wisconsin adverse possession laws are highlighted in the following chart.
Code Section |
893.16, 25 to 27 |
Time Period Required for Occupation |
20 yrs. and Color of Title: 10 yrs. and Color of Title/Payment of Taxes: 7 yrs. |
Time for Landowner to Challenge/Effect of Landowner's Disability |
With disability: 5 yrs., except when due to insanity or imprisonment. After disability lifted: 2 yrs. |
Improvements |
One way to prove possession. |
Payment of Taxes |
- |
Title from Tax Assessor |
- |
In addition to the minimum time requirements, you must also demonstrate four general elements to have a valid adverse possession claim:
- A “hostile” claim: you must either
- Make an honest mistake (likes relying on an incorrect deed);
- Merely occupy the land (with or without knowledge that it is private property); or
- Be aware of your trespassing;
- Actual possession: you must be physically present on the land, treating it as your own;
- Open and notorious possession: the act of trespassing cannot be secret; and
- Exclusive and continuous possession: you cannot share possession with others, and must be in possession of the land for an uninterrupted period of time.
Related Resources for Wisconsin Adverse Possession Laws
Real estate and land use law can be confusing. You can find more introductory information and resources on this topic in FindLaw’s adverse possession section. You can also contact an experienced Wisconsin real estate attorney if you want to understand your rights and responsibilities as a landowner or discuss a real estate case or adverse possession matter.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.