Under Wisconsin’s adverse possession doctrine, there are three scenarios in which a person or entity may take title to the real property owned by another person or entity: (1) by continuously occupying the property for 20 years and claiming the property as his or her own property despite having no instrument actually conveying the property to the adverse possessor ³ (2) by continuously occupying the property for 10 years under “color of title” (usually occurring when a written instrument or court judgment mistakenly conveys property to the adverse possessor) ⁴ or (3) by continuously occupying the property for 7 years under color of title and payment all taxes and assessments associated with real property being paid by the adverse possessor during the 7 year period.⁵ Wisconsin’s adverse possession doctrine is a mix of statute and case law. The newly created statute § 893.305, Wisconsin Statutes, creates a mechanism for property owners to delay a potential adverse possessor’s claim by allowing the record title holder to record an “Affidavit of Interruption” with the register of deeds’ office, which will restart the time period that an adverse possessor must continuously meet the requirements of adverse possession.¹ The repealed and recreated statute, Wisconsin Statutes § 893.29, prohibits adverse possession by or against any Wisconsin governmental entity.² On March 1, 2016, Wisconsin enacted a new statute and repealed and restated another existing statute, both related to the doctrine of adverse possession in the State of Wisconsin.
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