Wanezek, Jaekels, Daul & Babcock, S.C. Attorneys at Law — Founded 1908


Adverse possession is the process wherein legal title transfers to a property owner because the actual title owner neglected or failed to care for their property.  In such cases, adjacent land owners may make an appeal to the courts that the title to neighboring property should be transferred to them.

Whether in Green Bay or elsewhere in Wisconsin, adverse possession claimsusually involve boundary issues where the parties operated under a mistaken belief as to what their boundaries were.  At some point it becomes clear that one or both parties were wrong, and because of years of use, one property owner declares that even though they are not the actual property owner, the land belongs to them by virtue of adverse possession.

Such claims are usually based on the claiming parties extended use of the property under the belief (albeit often mistaken) that it belongs to them.
Often parties mistaken as to property lines build structures on the wrong side of, or over, the property line creating great problems.  Properties where such encroachment exists can be difficult to sell because it is unclear who owns what.

If the parties cannot resolve the matter amicably, such as by one party selling a disputed parcel or quit claiming the disputed parcel, only a court can decide in whose name title should lie in a process called an action for declaratory judgment.

In Wisconsin, to succeed on a claim for adverse possession, the claiming party must clear several factual hurdles and must remain in possession of the disputed property for 20 years.  Where the dispute is based on a mistaken or disputed written instrument, the statutory period of adverse possession is 10 years.  Regardless as to which scenario applies to your facts, this area of law is exceedingly complex.

In Green Bay and Wisconsin, you need experienced counsel to assist you in prosecuting or defending against an adverse possession claim.  Please contact Attorney David Daul for additional assistance.  (920)437-8191, or email him [email protected] The lawyers of the Green Bay, Wisconsin law firm of Wanezek, Jaekels, Daul & Babcock, S.C., can help you with adverse possession issues, boundary disputes, and other real property concerns. Contact us today!