By: WISCONSIN LAW JOURNAL STAFF//January 4, 2012//
By: WISCONSIN LAW JOURNAL STAFF//January 4, 2012//
Wisconsin Court of Appeals
Civil
Property — adverse possession — statute of limitations
Where parties adversely possessed property for more than 20 years, they are entitled to title, even if they were not in actual possession when the action was commenced.
“Here, it is undisputed that Engel adversely possessed the disputed strip of land for the requisite time period, from 1954 to 1974. Thus, Herzog makes clear that Engel is entitled to application of the owner-in-possession exception. Moreover, the language of WIS. STAT. § 330.05 (1963), which Herzog cited, remains substantially unchanged today as WIS. STAT. § 893.30, carrying the same title: ‘Presumption from legal title.’ Pursuant to Herzog and WIS. STAT. § 893.30, we must presume Engel was ‘in possession of the real estate involved as owner at the time the action [was] commenced.’ WIS. STAT. § 893.33(5).
Affirmed.
Recommended for publication in the official reports.
Dist. III, Polk County, Rasmussen, J., Hoover, J.
Attorneys: For Appellant: Whitley, Jason W., Amery; For Respondent: Benson, Ryan M., Siren