October 19, 2015 - Introduced by Senators Kapenga and Harsdorf, cosponsored by
Representatives Craig, Ballweg, Born, Gannon, Knodl, Murphy, A. Ott,
Sanfelippo, Skowronski, Weatherston and Tauchen. Referred to Committee
on Government Operations and Consumer Protection.
SB344,1,2 1An Act to create 893.25 (3), 893.26 (6), 893.27 (3), 893.29 (3) and 893.295 of the
2statutes; relating to: limiting adverse possession of real property.
Analysis by the Legislative Reference Bureau
Under this bill, a person may only obtain title to real property by adverse
possession if: 1) a court is unable to identify or locate the record title owner or the
record title owner's successor in interest; or 2) a principal building has been located
on the real property for at least the required number of years of uninterrupted
adverse possession.
Under current law, adverse possession is a method by which a person may
obtain title to real property by possessing property that belongs to another. Under
current law, to adversely possess land, a person must take actual, physical
possession of real property in a manner that is hostile, open and notorious, and
exclusive to the record title holder. To obtain title by adverse possession, a person
must continuously adversely possess property for at least 20 years. However, shorter
periods of ten years and seven years apply in certain circumstances, such as
possession based on a recorded document and the payment of real estate taxes. There
is also an additional requirement if the real property being adversely possessed
belongs to the state or a political subdivision, in which case the adverse possession
must also be based upon a continuously maintained fence line that has been
mutually agreed upon by the current landowners.
Under the bill, a person may only obtain title to real property by adverse
possession if the required period of continuous adverse possession, whether 20, 10,
or 7 years, occurred before the effective date of the bill. However, the bill provides

two exceptions to this limitation of adverse possession. The first exception applies
if a court is unable to identify or locate the record title owner or the record title
owner's successor in interest to real estate that has been adversely possessed. The
second exception applies if a principal building, or any part of a principal building,
has been located on the real estate for the required period of adverse possession (20,
10, or 7 years). If a person establishes title under this second exception, the bill
requires the person to pay to the previous title holder the fair market value of the real
estate that is adversely possessed, the fair market value of any diminution in value
to the title holder's remaining real estate that is attributable to the adverse
possession, and reimbursement for real estate taxes paid by the previous title holder
during the required period of adverse possession.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB344,1 1Section 1. 893.25 (3) of the statutes is created to read:
SB344,2,42 893.25 (3) Except as provided in s. 893.295, sub. (1) applies only if the 20 years
3of uninterrupted adverse possession of real estate occurred before the effective date
4of this subsection .... [LRB inserts date].
SB344,2 5Section 2. 893.26 (6) of the statutes is created to read:
SB344,2,86 893.26 (6) Except as provided in s. 893.295, sub. (1) applies only if the 10 years
7of uninterrupted adverse possession of real estate occurred before the effective date
8of this subsection .... [LRB inserts date].
SB344,3 9Section 3. 893.27 (3) of the statutes is created to read:
SB344,2,1210 893.27 (3) Except as provided in s. 893.295, sub. (1) applies only if the 7 years
11of uninterrupted adverse possession of real estate occurred before the effective date
12of this subsection .... [LRB inserts date].
SB344,4 13Section 4. 893.29 (3) of the statutes is created to read:
SB344,3,214 893.29 (3) Except as provided in s. 893.295, with respect to obtaining title by
15adverse possession, sub. (1) applies only if the more than 20 years of uninterrupted

1adverse possession of real estate occurred before the effective date of this subsection
2.... [LRB inserts date].
SB344,5 3Section 5. 893.295 of the statutes is created to read:
SB344,3,6 4893.295 Limitations to adverse possession; exceptions. (1) In this
5section, "principal building" means the main building or structure on a single lot or
6parcel of land and includes any attached garage or attached porch.
SB344,3,11 7(2) The requirement under ss. 893.25 (3), 893.26 (6), 893.27 (3), and 893.29 (3)
8that the requisite number of years of uninterrupted adverse possession of real estate
9must have occurred before the effective date of this section .... [LRB inserts date],
10does not apply to uninterrupted adverse possession of real estate if any of the
11following applies:
SB344,3,1312 (a) A court cannot identify or locate the record title holder of the real estate or
13the record title holder's successor in interest in the real estate.
SB344,3,1914 (b) A principal building, or any part of a principal building, has been located
15on the real estate for at least the requisite number of years of uninterrupted adverse
16possession required to obtain title to the real estate under s. 893.25, 893.26, 893.27,
17or 893.29, whichever is applicable. The exception under this paragraph applies only
18to the real estate underlying the principal building and up to 10 feet extending
19beyond the perimeter of the principal building.
SB344,3,22 20(3) A person who establishes title to real estate by adverse possession under
21s. 893.25, 893.26, 893.27, or 893.29 as the result of the exception under sub. (2) (b)
22shall pay the former title holder of the real estate all of the following:
SB344,3,2423 (a) The fair market value of the real estate to which the person establishes title
24by adverse possession.
SB344,4,2
1(b) The fair market value of any diminution in value to the former title holder's
2remaining real estate that is attributable to the adverse possession.
SB344,4,63 (c) 1. If the adverse possession is under s. 893.25, the total amount of real estate
4taxes, or other taxes levied, or payments required, in lieu of real estate taxes that the
5former title holder paid during the 20 years immediately preceding the date on which
6title is established by adverse possession.
SB344,4,107 2. If the adverse possession is under s. 893.26, the total amount of real estate
8taxes, or other taxes levied, or payments required, in lieu of real estate taxes that the
9former title holder paid during the 10 years immediately preceding the date on which
10title is established by adverse possession.
SB344,4,1111 (End)
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