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Property — adverse possession

By: WISCONSIN LAW JOURNAL STAFF//July 11, 2014//

Property — adverse possession

By: WISCONSIN LAW JOURNAL STAFF//July 11, 2014//

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Wisconsin Supreme Court

Civil

Property — adverse possession

Evidence regarding a possessor’s subjective intent to claim title may be relevant in an adverse possession claim to rebut the presumption of hostility that arises when all other elements of adverse possession are satisfied.

“We hold that a party’s subjective intent to claim title to property is relevant to rebut the presumption of hostility that arises when all other elements of adverse possession are established. Wisconsin Stat. § 893.25 requires that property be possessed ‘under claim of title’ to establish adverse possession. The plain meaning of the ‘claim of title’ requirement is that a party must intend to claim possession of the disputed property. Therefore, in order to gain title by adverse possession, the adverse claimant and all predecessors in interest must have the actual intent to possess the property under a claim of ownership. The Somas’ express declarations of non-ownership and requests for permission to use the lakefront strip were sufficient to support the circuit court’s conclusion that they lacked the requisite hostile intent to adversely possess the property. Because the circuit court properly considered the Somas’ subjective intent and concluded that the Wilcoxes failed to establish adverse possession for the requisite statutory period, we affirm the judgment of the circuit court, and we need not remand for further proceedings. For these reasons, the decision of the court of appeals is reversed.”

Reversed.

2012AP1869 Wilcox v. Estate of Ralph Hines

Gableman, J.

Attorneys: For Appellant: Corcoran, Edward A., Madison; For Respondent: Bartzen, James E., Madison; Schmidt, Richard L., Madison

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