Legal Question in Real Estate Law in Wisconsin

Is it legal to remove a fence around a cemetary in WI without permission?

A fence was removed from a church cemetary by the adjoining landowner who then claimed he owned part of this cemetary. He has taken a claim against the caretaker of this cemetary for replacing the fence.

The cemetary is 100 years old and has been owned and maintained by the parish during this time. The person who is making this claim to the cemetary property has owned his land for about 15 years. The fence that was removed has been there approx. 50 years.

Do you feel the church cemetary owns the land in guestion by Adverse Possesion?


Asked on 3/13/06, 1:24 pm

1 Answer from Attorneys
Thomas Schober Schober Schober & Mitchell, S.C.

Re: Is it legal to remove a fence around a cemetary in WI without permission?

Since you state that the fence has existed for some 50 years, all that remains are the other requirements of adverse possession: has the church's use been "open, notorious and adverse?" If the church maintained the fenced in area, to the exclusivity of the adjoining landowners, it would appear to be open, notorious and adverse. If the neighbors used it for access to their property, perhaps it wouldn't qualify. These facts weren't included, but it would be fairly easy to come to a conclusion with such facts.

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Answered on 3/13/06, 8:23 pm


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