How do you claim adverse possession in Wisconsin?

To claim adverse possession of land in Wisconsin, the claimant must prove all of the following elements by clear and convincing evidence:

1. Actual, exclusive and continuous possession. The claimant must have been in actual, exclusive, and continuous possession of the land for at least 20 years.

Actual possession means that the claimant must have lived on the land, used it for farming or grazing, or otherwise physically controlled the land.

Exclusive possession means that the claimant must have been the only person who used and controlled the land.

Continuous possession means that the claimant must have consistently used and controlled the land for 20 years, without any breaks in possession.

2. Open and notorious possession. The claimant's possession must be open and notorious, so that any reasonable person would be aware that the claimant is claiming the land.

This can be demonstrated by:

Putting up fences or other markers to define the boundaries of the land

Living on the land

Using the land for agriculture, grazing, or other purposes

Paying taxes on the land

3. Hostile possession. The claimant's possession must be hostile to the true owner of the land.

This means that the claimant must have claimed the land as their own, and must have not acknowledged the true owner's ownership of the land.

Adverse possession based upon hostile possession under a mistaken boundary line requires both the open, notorious, and exclusive possession for the statutory period and the possession must have been mistaken but in good faith.

4. Claim of right. The claimant must have had a claim of right to the land.

This means that the claimant must have believed that they had the legal right to possess the land.

The claim of right may be based on:

A deed or other written instrument

Oral testimony from the claimant or other witnesses

Other evidence of the claimant's intent to possess the land

Adverse Possession of Public Land

Adverse possession of public land is not permitted in Wisconsin.

Claiming Adverse Possession in Wisconsin

To claim adverse possession of land in Wisconsin, you must file a complaint with the circuit court in the county where the land is located.

The complaint must include:

A description of the land

The date you began occupying the land

A statement that you have been in actual, exclusive, and continuous possession of the land for at least 20 years

A statement that your possession has been open and notorious

A statement that your possession has been hostile to the true owner of the land

A statement of your claim of right to the land

You will also need to attach copies of any relevant documents, such as deeds, tax receipts, or surveys.

The court will then hold a hearing to determine whether you have proven the elements of adverse possession. If the court finds in your favor, it will issue a judgment declaring that you are the owner of the land.