Adverse Possession

Listen to this article

WI Court of Appeals – District IV

Case Name: DuWayne J. Hoffman et al v. Scenic Ridge Verona, LLC et al

Case No.: 2014AP1766; 2014AP2896

Officials: Kloppenburg, P.J., Lundsten and Higginbotham, JJ.

Focus: Adverse Possession

DuWayne and Judith Hoffman brought an adverse possession action against developer Scenic Ridge Verona, LLC in hopes of obtaining title to a .589 acre parcel of land (“the disputed parcel”).1 The disputed parcel was on the Hoffmans’ side of a fence (“the historic fence”) that the Hoffmans believed divided their property from adjoining property when the Hoffmans bought their property in 1984. Scenic Ridge acquired the adjoining property in 2004 and removed the historic fence in 2010. According to surveys conducted in 2004 and 2006, the disputed parcel was part of Scenic Ridge’s property. The circuit court found that the Hoffmans became owners of the disputed parcel by adverse possession, ordered a forced sale of the disputed parcel to Scenic Ridge for $35,400, and dismissed the Hoffmans’ claims against all other persons and entities. The following issues are presented on appeal: (1) whether the Hoffmans’ adverse possession claim is barred by laches, equitable estoppel, or promissory estoppel; (2) whether the circuit court erroneously exercised its discretion by ordering a forced sale of the disputed parcel from the Hoffmans to Scenic Ridge; and (3) whether the court’s valuation of the disputed parcel was an erroneous exercise of its discretion. We affirm the court in all respects.

Full Text

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.