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 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 ...

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