Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

 Wisconsin law is instructive. Adverse possession is a legal action that enables a party to obtain valid title of another's property by operation of law. Wisconsin Stat. § 893.25(1) bars an action for recovery or possession of real estate if it has been adversely possessed for a minimum of 20 years. Property is adversely possessed only if the possessor is in 'actual continued occupation under claim of title, exclusive of any other right,' § 893.25(2)(a), and the property is 'protected by a substantial enclosure' or 'usually cultivated and improved,' § 893.25(2)(b).


Wisconsin Stat. § 893.25 codifies the common law elements of adverse possession, which require physical possession that is 'hostile, open and notorious, exclusive and continuous . . . .' Leciejewski v. Sedlak, 116 Wis. 2d 629, 636, 342 N.W.2d 734 (1984); see also Pollnow v. State Dep't of Natural Res., 88 Wis. 2d 350, 356, 276 N.W.2d 738 (1979) ('[T]he [adverse possession] statute carries over the common law definition of adverse possession'). In an adverse possession claim, the burden of proof is on the person asserting the claim. Allie v. Russo, 88 Wis. 2d 334, 343, 276 N.W.2d 730 (1979). The evidence of ...

Register or login to access full content



Professors
Professionals
Students