You have invested time, money, and effort into your commercial or residential property. But did you know that someone could potentially lay claim to a part of your land without your knowledge? Enter the world of adverse possession - a legal concept that could turn your property lines into a battleground.

What's Hiding in Your Backyard?

Imagine this: You've owned a commercial or residential lot in Milwaukee for years. One day, you decide to expand your building, only to discover that your neighbor has been using a strip of your land for their driveway. Even more shocking? They might have a legal right to keep it.

This scenario isn't just a hypothetical - it's a real risk faced by property owners across Wisconsin. Welcome to the world of adverse possession.

Adverse Possession: The Legal Squatter's Rights

In simple terms, adverse possession allows someone to claim ownership of land they've been using for a certain period, even if they don't actually own it. In Wisconsin, this period is 20 years for most cases.

But how does this apply to you as a business owner? Let's break it down:

1. The Accidental Land Grab: Your neighbor's fence is actually on your property.
2. The Forgotten Corner: A portion of your land has been used by others for years without your knowledge.
3. The Misunderstood Boundary: Old, inaccurate surveys lead to confusion about where your property ends.

Each of these scenarios could potentially lead to a claim of adverse possession.

The Wisconsin Twist: Adverse Possession Laws in the Badger State

Wisconsin's adverse possession laws have some unique aspects:

• 20-Year Rule: Generally, the possessor must use the land continuously for 20 years.
• 10-year Exception: If the possessor has color of title to the title to the real estate, the period reduces to 10 years.
• 7-Year Exception: If the possessor has color of title AND pays property taxes, the period reduces to 7 years.
• Hostile Use: The use must be without the owner's permission and inconsistent with the owner's rights.

🚨Warning: Recent changes to Wisconsin law have made it harder to claim adverse possession, but the risk still exists!

Protect Your Turf: Strategies to Avoid Wisconsin Adverse Possession Claims

Don't let adverse possession catch you off guard. Here are some proactive steps you can take:

1. Know Your Boundaries: Get a professional survey of your property.
2. Regular Inspections: Walk your property lines at least once a year.
3. Document Everything: Keep records of any agreements with neighbors about land use.
4. Act Fast: If you notice unauthorized use of your land, address it immediately.
5. Consider Permissive Use: Sometimes, granting permission can prevent adverse possession claims.

The Bottom Line: Vigilance is Key

As a Wisconsin property owner, your property is one of your most valuable assets. Don't let adverse possession put it at risk. Stay informed, be proactive, and don't hesitate to seek legal advice if you suspect an issue.

Remember, in the world of adverse possession, what you don't know can hurt you. But with the right knowledge and action, you can protect your business's territorial integrity.

Have questions about adverse possession or other property law issues? Set up a meeting with Adam Witkov.