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Adverse Poss and Advice on how to proceed

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fl4tjm

Junior Member
What is the name of your state?What is the name of your state? WI

Bought 40 Acre parcel 12yrs ago. At that time the cost of survey was more than $10,000 for the North lot line as there were NO county corners in palce and the county only had hand drawn sketches of lots for plat maps. Talked to the neighboring farmer who told me that the North line of my lot fell more than 100' South of the existing road and that he would allow me access if I did not disturb the cattle or fencing he had cut across that 100' section to his other 40 to my East. In Oct 2004 the county informed me that corners had been placed so I ordered a survey of the North and East lines. Turns out the North lot line is adjacent for 28' and runs parellel to the E-W county road that ends into his driveway. He also has some hay ground siloed on my land along with some old junked cars/farm equipment.
Are there actions that I need to take to prevent him from claiming adverse possession now or in future?
Does WI require that he pay taxes for a time period prior to claiming adverse possession?
Does the time frames for adverse possession reset due to his providing false information that I relied on that would be adverse to my interests?
Any advice on how to approach regarding the removal or perhaps leasing of some of the land to provide for him to leave his ground siloed feed without exposing myself to the possibility of adverse possession loss of lands?

Thanks FL
 


BelizeBreeze

Senior Member
Send him a certified, (RRR) letter with a copy of the survey advising him that you plan to recover the disputed land and that he has 30 days in which to remove his cars, junk and silo .
 

fl4tjm

Junior Member
Thanks

The articles are much easier to read than the WI statutes. Will place fencing and ask farmer to sign lease until he can move his ground silo or I will dispose if he refuses the lease. Do I understand correctly that my perfoming maintenance as tree trimming/ mowing fencing would interrupt his exclusive usage?
Thanks for the input
 

seniorjudge

Senior Member
Q: Do I understand correctly that my perfoming maintenance as tree trimming/ mowing fencing would interrupt his exclusive usage?

A: Fencing, possibly; mowing and trimming, doubtful. The farmer will have what he has been possessing surveyed and if he fulfills all the elements of adverse possession AND he has paid taxes on that particular piece of land also, then you will have a tough row to hoe.
 

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