Legal Question in Real Estate Law in Wisconsin

Enchroachment, Adverse Possession and Damages

It is sometimes possible to win a claim for adverse possession in WI after a sufficient amount of time has passed in an encroachment situation. However, there are numerous legal requirements which must first be satisfied. These include, among other things, that the adverse occupation of the land was continuous, hostile, and "open and notorious" for a long period of time. These terms are defined in hundreds of case opinions issued by the Supreme Court and Court of Appeals over the last two centuries. The judge or jury will make the final decision after a trial, unless the parties are able to resolve the case via a settlement or via an alternate dispute resolution process (such as arbitration or mediation). This is generally expensive litigation since it is "fact intensive," meaning that cases can be won or lost based upon a large number of variables in the land's history. It is also sometimes possible to win an easement by proscriptive use in some situations short of adverse possession. Finally, winning parties can sometimes recover damages caused by the losing party.