Legal Question in Real Estate Law in Wisconsin

Trespass and Breaking/Entering or not?

I was under promissory note to purchase a cottage which sits on communal real estate. The former owner passed away while I was still owing on the balance. The PR for the estate and a real estate agent took it upon themselves without contacting me (titled as personal property and taxes both filed in my name) to come onto the community land (posted private property, no trespassing) and without a key entered the property through a unlocked but closed window. My question is what if any legal right could they have to do so. My new address and phone number were easily accessable. They also left the door to the property either totally unlocked or locked only with the knob lock as the deadbolt needed a key. There has been considerable damage done to the property since this event and I don't know if it was caused directly by them or because of their negligence. Could they be held liable for the damages? I have several witnesses to their entering and others who could attest the cottage was not damaged prior to that date.

Thank You in advance.


Asked on 2/19/02, 10:49 am

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

Re: Trespass and Breaking/Entering or not?

Your description of acquiring a cottage on community

property raises some questions as to exactly what

you own. It would be helpful to see a title policy

to know exactly what your rights are. I must assume

you have absolute ownership to the cottage, whether

it is in a condominium or some other fashion. Given

that presumption, anyone entering without your consent

exposes themselves to both criminal and civil liability.

A civil action would lie in their trespass and negligence

in leaving the building unsecured. Damages that are

"foreseeable" are recoverable. Hopefully, these actors

have resources out of which you may recover.

On another note, do you have the property insured?

If so, you should proceed against your insurer and

let your insurer proceed under its subrogation rights

against those who acted contrary to your interests.

Good luck.

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Answered on 2/19/02, 1:13 pm


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