LRB-1802/1
PJK:jld:nwn
2007 - 2008 LEGISLATURE
April 23, 2007 - Introduced by Representatives Bies, Huebsch, Sheridan,
Gunderson, Jeskewitz, Mursau and Hahn. Referred to Committee on
Property Rights.
AB285,1,2
1An Act to create 841.10 (3) of the statutes;
relating to: requiring an adverse
2possessor of property to pay fair market value and property taxes.
Analysis by the Legislative Reference Bureau
Under current law, a party who does not have actual legal title to real property,
but who occupies, uses, or maintains the property for a specified, uninterrupted
period of time under a claim of title may, in a court action, establish title to the
property against the true legal owner of the property. This process is known as
adverse possession. Generally, the adversely possessed property must be enclosed
(by a fence, for example) and cultivated or improved.
If the adverse possessor's claim of title is not based on a written instrument or
court judgment, the property must be adversely possessed uninterruptedly for 20
years for title to be established in the adverse possessor. If the adverse possessor's
claim of title is based on a recorded written instrument or court judgment, the
property must be adversely possessed uninterruptedly for ten years. If the adverse
possessor's claim of title is based on a recorded written instrument or court judgment
and the adverse possessor has paid the real estate taxes on the property for the entire
time of adverse possession, the property must be adversely possessed
uninterruptedly for seven years.
This bill provides that, if a person who claims title to real property through
adverse possession prevails in an action to establish title to the property, the court
must determine, and order that person to pay to the person who lost title to the
property, the fair market value of the property and all real estate taxes for the period
during which the property was adversely possessed, except for any already paid by
the person who adversely possessed the property.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB285, s. 1
1Section
1. 841.10 (3) of the statutes is created to read:
AB285,2,62
841.10
(3) If a person bringing an action under this chapter to establish title
3to real property bases his or her claim on adverse possession under s. 893.25, 893.26,
4or 893.27 and prevails, the court shall determine, and in the judgment order the
5prevailing party to pay to the party against whom the claim was made, all of the
6following:
AB285,2,77
(a) The fair market value of the real property that was adversely possessed.
AB285,2,118
(b) All real estate taxes, or other taxes levied or payments required in lieu of
9real estate taxes, for the period during which the adverse possession occurred, except
10for any of those real estate taxes, or other taxes levied or payments required in lieu
11of real estate taxes, that the prevailing party has already paid.
