Adverse Possession Dispute

[matthewreuter]

What is the name of your state (only U.S. law)? Wisconsin


I have a question about the Adverse Possession Law --squatter rights law. I live in Wisconsin and bought my house from my grandfather in 2007, who owned the property since 1953. Recently, a neighbor has challenged me on my property lines. Technically my neighbor owns the land, but he has only owned it since 2002. It wasn't until now, 2013 that he confronted me. I never knew where the property line ended, but I know the garden and remnants have been on the property since 1961--I have pictures to prove it. My question is, since my grandparents and I have improved the land--landscaped, planted grass and trees, and installed a garden well before the new property owner ever owned it--do I have a legitimate case? The land that is being disputed is less than 1/10th of an acre. Currently I have taken no action, but am being forced to remove everything off the property by next Monday. I feel that I am being belittled by the "******* on the block". After six years, he finally wants to say something? Any feedback will help.

Thank you kindly.

Matt

 

[FlyingRon]

In most places in this country, there is NO SUCH THING as squatters rights. The claimant, barring confusion of title or paying taxes which appear you have not, must possess the land for 20 years. You don't get to gradfather your grandfather's ownership time. Without a proper survey, I would NOT move anything. If a survey show you are encroaching on your neighbors land, best to consult a lawyer.

 

[justalayman]

I have to disagree with Ron here. As I read the statute, you do get to grandfather your grandfather's time and use it as yours.


http://docs.legis.wisconsin.gov/statutes/statutes/893/III/25

893.25  Adverse possession, not founded on written instrument.

(1) 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.

(2) Real estate is possessed adversely under this section:

(a) Only if the person possessing it, in connection with his or her predecessors in interest, is in actual continued occupation under claim of title, exclusive of any other right; and

(b) Only to the extent that it is actually occupied and:

1. Protected by a substantial enclosure; or

2. Usually cultivated or improved.

While not legally required, under Wisconsin law, to have a survey to prove whose land is whose but rather physical evidence has been deemed sufficient, a survey is a good idea none the less.



If you want to attempt to claim the area, you will have to have a survey. Then you will have to file a suit to quiet title. It is not the cheapest, fastest, or easiest type of court action available, at least if the neighbor wishes to contest it.

 

[ConfusedCali]

Can I ask "who" is making you move from that disputed area? If it is just the neighbor making demands, how is it that he/she has the authority to do so? I'm trying to learn more about these types of issues because I suspect that I may run into something similar.