893.28 Prescriptive rights by adverse user.
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893.28 Prescriptive rights by adverse user.
(1)Continuous adverse use of rights in real estate of another for at least 20 years, except as provided in s. 893.29 establishes the prescriptive right to continue the use. Any person who in connection with his or her predecessor in interest has made continuous adverse use of rights in the land of another for 20 years, except as provided by s. 893.29 , may commence an action to establish prescriptive rights under ch. 843 .
(2)Continuous use of rights in real estate of another for at least 10 years by a domestic corporation organized to furnish telegraph or telecommunications service or transmit heat, power or electric current to the public or for public purposes, by a cooperative association organized under ch. 185 or 193 to furnish telegraph or telecommunications service, or by a cooperative organized under ch. 185 to transmit heat, power or electric current to its members, establishes the prescriptive right to continue the use, except as provided by s. 893.29 . A person who has established a prescriptive right under this subsection may commence an action to establish prescriptive rights under ch. 843 .
(3)The mere use of a way over unenclosed land is presumed to be permissive and not adverse.