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Property — adverse possession

By: WISCONSIN LAW JOURNAL STAFF//July 26, 2012//

Property — adverse possession

By: WISCONSIN LAW JOURNAL STAFF//July 26, 2012//

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Wisconsin Court of Appeals

Civil

Property — adverse possession

This is an adverse possession case. This appeal arises out of a property line dispute between Robert Singler and neighboring property owners James and Bradley Gehring, Thomas Omholt, and Philip Scott (the property owners). The property owners brought this quiet title action against Singler alleging he installed an electrical deer fence on his property that encroached on their respective properties, without their consent or permission. In turn, Singler counterclaimed that he owned title to the disputed parcels by adverse possession based on tacking. A trial was held to the court. Singler and the property owners stipulated at trial to the boundary lines of each party’s property. As for Singler’s adverse possession claim, the court found that the evidence was insufficient to prove that Singler adversely possessed the disputed parcels and that he was not entitled to the benefit of tacking his time in possession of the parcels to the time his predecessors in interest possessed the same parcels. Singler appeals.

On appeal, Singler appears to argue that the trial court’s findings were against the great weight and clear preponderance of the evidence, citing only to facts that he contends support his counterclaim that he obtained ownership of the disputed parcels either through adverse possession by tacking his predecessors-in-interest’s activities to his own or by owning in fee simple property to which his predecessors in interest were successful in establishing title through adverse possession. We disagree and affirm. Not recommended for publication in the official reports.

2010AP3084 Gehring, et al. v. Singler

Dist III, Outagamie County, Kirk, J., Higginbotham, J.

Attorneys: For Appellant: Sweeney, Robert D., Seymour; For Respondent: Daniels, John M., Appleton

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