Adverse Possession

Listen to this article

WI Court of Appeals – District III

Case Name: Jeffrey E. Thompson v. Charles F. Meronk

Case No.: 2021AP001091

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Adverse Possession

The Meronks appeal from a judgment granting Thompson’s claim for adverse possession over a portion of land to which the Meronks held title. The Meronks contend that the circuit court erroneously failed to apply a presumption in their favor and that if the court had taken the presumption into account, the evidence was insufficient to support the verdict.  The court rejects both contentions.

The court ruled that there was sufficient evidence for the circuit court to determine that Thompson and his predecessor had adversely possessed the disputed area in an open, notorious, visible, exclusive, hostile and continuous manner for a minimum of twenty years—from at least 1996 when the replacement cable gate was erected until 2017, when the survey was conducted. The court’s determination did not impermissibly shift the burden of proof to the Meronks. Rather, the court properly determined that the evidence of adverse possession was sufficient to overcome the presumption in the title holders’ favor.

Affirmed.

Decided 12/13/22

Full Text