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Adverse Possession

By: Derek Hawkins//February 15, 2017//

Adverse Possession

By: Derek Hawkins//February 15, 2017//

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WI Court of Appeals – District II

Case Name: Northern Trust Company, et al v. Ernest C. Styberg, Jr. et al

Case No.: 2016AP19

Officials: Reilly, P.J., Gundrum and Hagedorn, JJ.

Focus: Adverse Possession

In this quiet-title case, the Northern Trust Company, trustee of the Harold Byron Smith, Jr., Trust (Smith), claimed title by adverse possession to a parcel of Walworth County land. The circuit court rendered a judgment in favor of the Ernest C. Styberg, Jr., Trust (Styberg; Ernest if Ernest personally) and Geneva Lake Conservancy, Inc. (the Conservancy). The court concluded that Smith failed to show that it adversely possessed the disputed area for twenty continuous years, a requirement to obtain title by adverse possession under WIS. STAT. § 893.25 (2015-16). We affirm because Smith’s predecessor in interest lacked the subjective intent to assert ownership to the parcel.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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