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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55608
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I have a question on "Adverse Possession" in the state of Wisconsin.

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I have a question on "Adverse Possession" in the state of Wisconsin. We own a small lot on which our manufactured house sits. We purchased this lot, (which is in a small village aproximately 150 people) over 30 years ago. At the time we purchased it, it only had a quit claim deed, and we found out a few years back the there is a very tiny piece of the lot that belongs to a farm down the road from us. That farm has just been sold and the people who bought are "making noises" like they want us to purchase this little piece. When we bought this lot, that piece was nothing but swamp and junk. It took us weeks to clean it up and months and months to get it drained and able to even mow it. This little piece to anyone walking or driving by would assume it belongs to our lot, we have improved it, kept it mowed and maintained. Can we claim it by Adverse Possession?
Hi! My name is XXXXX XXXXX I look forward to helping you!

Adverse possession is the process of claiming title to real estate by taking it and occupying it for a period of time. Adverse possession requires the following conditions to be met: i) actual possession of the property; ii) open and notorious use of the property; iii) exclusive use of the property; iv) hostile or adverse use of the property; and v) continuous use of the property. In Wisconsin, under your facts, the duration of such possession is twenty (20) years under Wisconsin Code §893.25-.33. Since your situation has satisfied all the foregoing elements for more than 20 years, you satisfy the requirements of adverse possession. In order to get marketable title to this piece of land, you'll need to file a suit to quiet title.

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Customer: replied 3 years ago.

I read your answer, and also the stuff that you for the requirements, but somewhere I read or was told that you also had to have paid the taxes on it. We haven't paid the taxes on it, (mainly because we didn't know that it didn't belong to us). All of these years we thought we owned it, and it was part of our property.

Thanks for your reply. There is a shorter adverse possession period if you've paid taxes or have other color of title...10 years; otherwise it is 20 years.
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Thank you so much for the positive rating! I truly appreciate you taking the time to do that!