893.25 Adverse possession, not founded on written instrument.

420 words·~2 min read·/wi/chapter-893/893-25-9

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.

893.25 Note Judicial Council Committee’s Note, 1979: This provision collects in one section all material relating to 20-year adverse possession, without change in substance. Previous ss. 893.08 and 893.09, together with part of previous s. 893.10, are integrated here. The words “and a defense or counterclaim based on title to real estate” are added in subsection

(1)to assure that deletion of present section 893.03 results in no loss of substance. This section covers the substance of previous s. 893.02, also deleted. Reference to ch. 843 describes the action which an adverse possessor may bring to establish title. The words “in connection with his or her predecessors in interest” are intended to express, but not change, the well-established common law doctrine of “tacking” together periods of possession by adverse possessors in privity with each other. The word “interest” has been substituted for “title” used in previous s. 893.10

(2)because it more accurately expresses the nature of an adverse possessor’s rights until the 20-year period has run, and better reflects the substance of the privity required for tacking between successive adverse possessors. There is no requirement of good faith entry under this section. Entry, for example, under a deed known by the adverse possessor to be fraudulent would start this 20-year period running, but not the 10-year period provided by s. 893.26. [Bill 326-A]

893.25 Note A grantor can assert adverse possession against a grantee. Lindl v. Ozanne, 85 Wis. 2d 424 , 270 N.W.2d 249 (Ct. App. 1978). See also Keller v. Morfeld, 222 Wis. 2d 413 , 588 N.W.2d 79 (Ct. App. 1998), 97-3443 .