Wisconsin Statewide Rule
Wisconsin Adverse Possession (Wis. Stat. Sec. 893.25-893.27)
Key Facts
- Default period
- 20 years, no written instrument (Sec. 893.25)
- With recorded instrument
- 10 years (Sec. 893.26)
- Recorded instrument + taxes
- 7 years (Sec. 893.27)
- Recording deadline
- Instrument recorded within 30 days of entry
- Good faith
- Presumed unless rebutted (Sec. 893.26, .27)
Summary
Wisconsin recognizes three adverse-possession tracks. The default under Wis. Stat. Sec. 893.25 is 20 years of uninterrupted possession with no written instrument. Sec. 893.26 shortens it to 10 years when entry is under a recorded written instrument or judgment. Sec. 893.27 cuts it to 7 years when, in addition, the claimant pays all taxes for the period.
An action for the recovery or the possession of real estate and a defense or counterclaim based on title to real estate are barred by uninterrupted adverse possession of 20 years, except as provided by s. 893.14 and 893.29. A person who, in connection with his or her predecessors in interest, is in uninterrupted adverse possession of real estate for 20 years, except as provided by s. 893.29, may commence an action to establish title under ch. 841.
Full Breakdown
Under Wis. Stat. Sec. 893.25, an action to recover real estate is barred by 'uninterrupted adverse possession of 20 years,' where the occupant possesses under claim of title and the land is actually occupied and either protected by a substantial enclosure or usually cultivated or improved. Wis. Stat. Sec. 893.26 bars recovery after 'uninterrupted adverse possession of 10 years' where the claimant entered in good faith under a written instrument of conveyance or a court judgment that is recorded within 30 days of entry and maintains actual continued occupation. Wis. Stat. Sec. 893.27 reduces the period to 'uninterrupted adverse possession of 7 years' where, in addition to the recorded-instrument requirements, the claimant 'paid all real estate taxes... for the 7-year period after the original entry.' Good faith of entry and claim of title is presumed unless rebutted.
Violations & Penalties
A would-be squatter who lacks the required period (20, 10, or 7 years) and the open, hostile, continuous, exclusive possession has no title and can be removed through the eviction process under ch. 799. An owner who lets the full statutory period run may lose title to the adverse possessor.
Frequently Asked Questions
How long for adverse possession in Wisconsin?
Does paying property taxes shorten adverse possession in Wisconsin?
Can a Wisconsin owner remove a squatter?
Sources
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