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Boundry dispute

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tomcatter

Junior Member
What is the name of your state? Wisconsin

We bought 15 acres 1 year ago. We bought it per the certified land survey. Now, 1 year later a neighbor is claiming adverse possesion on part of our land. He had never re-recorded his land to include this disputed land nor has he ever paid taxes on it.

He states he has maintained it for 20+ years, however other neighbors state he "decided" it was his after the original owner passed away (hence the selling of the land) Isn't the burden of proof on him to prove he maintained this land for over 20 years? What about taxes? Is there a time limit a person can claim adverse posession?

This is it in a nutshell... there are other factors, but these are the main things. Please advise.
 


Happy Trails

Senior Member
tomcatter said:
What is the name of your state? Wisconsin

We bought 15 acres 1 year ago. We bought it per the certified land survey. Now, 1 year later a neighbor is claiming adverse possesion on part of our land. He had never re-recorded his land to include this disputed land nor has he ever paid taxes on it.

He states he has maintained it for 20+ years, however other neighbors state he "decided" it was his after the original owner passed away (hence the selling of the land) Isn't the burden of proof on him to prove he maintained this land for over 20 years? What about taxes? Is there a time limit a person can claim adverse posession?

This is it in a nutshell... there are other factors, but these are the main things. Please advise.
Possession is defined as cultivation, improvement, enclosure (fencing), or use for fuel (firewood). The mere crossing of property by foot or by vehicle on a trail or along utility lines does not constitute possession.

There are three ways to claim adverse possession. If the claim is based on a recorded written document and the claimant has paid property taxes on the property, the claimant must have maintained possession for seven years. If the claim is based on an inaccurate written document but the claimant did not pay taxes, the time period for maintaining possession is 10 years. If no documents are involved and the adverse possessor has not paid property taxes on the property, then the time period for maintaining possession is 20 years (Sec. 893.25-893.32).
Information found at: http://www.co.ozaukee.wi.us/land/ChapterSeven/LegalRelationshipsWithNeighbors.htm#ADVERSE POSSESSION
 

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