Property — adverse possession — statute of limitations

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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.

2011AP25 Engel v. Parker

Dist. III, Polk County, Rasmussen, J., Hoover, J.

Attorneys: For Appellant: Whitley, Jason W., Amery; For Respondent: Benson, Ryan M., Siren