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Adverse Possession

Dodge County Real Estate Attorney

Adverse possession cases are an interesting area of real estate law. Adverse possession has been defined as, "A method of gaining legal title to real property by the actual, open, hostile, and continuous possession of it to the exclusion of its true owner for the period prescribed by state law."

Are you caught up in an adverse possession battle? Hoeper Law Offices has been fortunate enough to have tried a number of cases based on adverse possession in Dodge, Fond du Lac, Winnebago, Green Lake and Chippewa counties.

These cases are always very fact specific and no two cases are really the same. They often involve neighboring property owners having established what they thought was the correct property line using it as such for years and years. It is often not until an actual survey is done that the mistake comes to light. If the neighbors can't settle the matter by an exchange of Quit Claim Deeds, litigation is often the result and then the trier of fact, be it a judge or jury, has to determine whether the statutory elements of adverse possession can be proved.

In Wisconsin adverse possession not founded on a written instrument requires open, notorious and adverse usage for better than twenty years, including the requirement that the property in question be usually improved or delineated by some sort of marking.

The Importance of Securing Legal Help

Testimony that the property was used permissively is often raised as a defense to the adverse possession. Permissive use can be proved by a lease or other writing. Oral testimony of a permissive use agreement may also be received, although it is more difficult in those circumstances to establish the required "meeting of the minds".

Adverse usage has also been established by a regular course of conduct such as a lane being used for ingress and egress to property over a period of twenty years. The twenty year period doesn't have to be the immediate twenty years preceding the commencement of the lawsuit, but can be established by any twenty year period of open, notorious and adverse usage, which can be demonstrated by the property owners in connection with his or her predecessors in title.

In Wisconsin even if adverse possession cannot be established, it is possible for a court to fashion an equitable remedy of a forced sale if improvements on the property extending over the legal description of the property owner are valuable and the costs of removing them would far exceed the value of the affected real estate.

Since adverse possession cases are so fact specific, if an individual has a question regarding a possible property line impingement, they should have a discussion with an experienced attorney regarding the possibilities of achieving a successful resolution of the problem.

Let My Team and I Fight For Your Rights Today

My firm has received multiple positive testimonials from clients including, "I have always found the staff at Hoeper Law Office to be courteous and friendly. My calls are returned quickly. Having Peter Hoeper as my counsel puts my mind at ease because I know whatever legal assistance I require, I can get it done correctly, expeditiously and at a cost I can afford."

If you need assistance with a case involving adverse possession, do not hesitate to contact Hoeper Law Offices. With over 40 years of experience as a real estate lawyer, I, Attorney Peter Hoeper, would love to assist you. My team has the credentials necessary to provide you with the effective representation you deserve; call (920) 324-5050 for a consultation with my firm today!

Hoeper Law Offices - Waupun Probate Attorney
512 E. Main Street
Waupun, WI 53963
Phone: (920) 324-5050

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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