893.27 Adverse possession; founded on recorded title claim and payment of taxes.
(1) An action for the recovery or the possession of real estate and a defense or counterclaim based upon title to real estate are barred by uninterrupted adverse possession of 7 years, except as provided by s. 893.14 or 893.29. A person who in connection with his or her predecessors in interest is in uninterrupted adverse possession of real estate for 7 years, except as provided by s. 893.29, may commence an action to establish title under ch. 841.
(2) Real estate is possessed adversely under this section as provided by s. 893.26 (2) to (5) and only if:
(a) Any conveyance of the interest evidenced by the written instrument or judgment under which the original entry was made is recorded with the register of deeds of the county in which the real estate lies within 30 days after execution; and
(b) The person possessing it or his or her predecessor in interest pays all real estate taxes, or other taxes levied, or payments required, in lieu of real estate taxes for the 7-year period after the original entry.
History: 1979 c. 323.
Judicial Council Committee's Note, 1979: This section is new. It provides a 7-year limitation period in favor of an adverse possessor who has met all the requirements for the 10-year provision and who also has a recorded chain of title and paid the property taxes for the full 7 years. Many states provide similar or shorter periods under the same circumstances, while Wisconsin has given no statutory recognition to the importance of paying the taxes. One valuable role of adverse possession statutes is in title clearance. When a party enters in good faith, maintains possession, records all conveyances within 30 days and pays taxes for 7 years, the likelihood of genuine competing claims is small, and the gains in assurance of title from this section may well be significant. Some language from ss. 893.25 and 893.26 is repeated here; see notes to those sections for explanation. [Bill 326-A]
In the absence of an express provision to the contrary, one who adversely possesses under an earlier version of the adverse possession statute may continue possession under the terms of that statute even after its repeal and re-creation. DNR v. Building & All Related or Attached Structures, 2011 WI App 119, 336 Wis. 2d 642, 803 N.W.2d 86, 10-2076.
Hey! That's my land! Understanding Adverse Possession. Shrestha. Wis. Law. Mar. 2010.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
893.01 - Civil actions; objection as to time of commencing.
893.02 - Action, when commenced.
893.04 - Computation of period within which action may be commenced.
893.05 - Relation of statute of limitations to right and remedy.
893.07 - Application of foreign statutes of limitation.
893.10 - Actions, time for commencing.
893.11 - Extension of time if no person to sue.
893.12 - Advance payment of damages; limitation extended.
893.13 - Tolling of statutes of limitation.
893.135 - Tolling of statute of limitations for marital property agreements.
893.137 - Tolling of statute of limitations for certain time-share actions.
893.14 - Limitation on use of a right of action as a defense or counterclaim.
893.15 - Effect of an action in a non-Wisconsin forum on a Wisconsin cause of action.
893.16 - Person under disability.
893.17 - Transition; limitation if disability exists; temporary.
893.18 - Transition; persons under disability.
893.19 - Limitation when person out of state.
893.20 - Application to alien enemy.
893.21 - Effect of military exemption from civil process.
893.22 - Limitation in case of death.
893.24 - Adverse possession; section lines.
893.25 - Adverse possession, not founded on written instrument.
893.26 - Adverse possession, founded on recorded written instrument.
893.27 - Adverse possession; founded on recorded title claim and payment of taxes.
893.28 - Prescriptive rights by adverse user.
893.29 - No adverse possession by or against the state or political subdivisions.
893.30 - Presumption from legal title.
893.305 - Affidavit of interruption; adverse possession and prescriptive use.
893.31 - Tenant's possession that of landlord.
893.32 - Entry upon real estate, when valid as interruption of adverse possession.
893.33 - Action concerning real estate.
893.34 - Immunity for property owners.
893.35 - Action to recover personal property.
893.38 - Extension of certain approvals.
893.40 - Action on judgment or decree; court of record.
893.41 - Breach of contract to marry; action to recover property.
893.415 - Action to collect support.
893.42 - Action on a judgment of court not of record.
893.425 - Fraudulent transfers.
893.44 - Compensation for personal service.
893.45 - Acknowledgment or new promise.
893.46 - Acknowledgment, who not bound by.
893.47 - Actions against parties jointly liable.
893.48 - Payment, effect of, not altered.
893.49 - Payment by one not to affect others.
893.51 - Action for wrongful taking of personal property.
893.52 - Action for damages for injury to property.
893.53 - Action for injury to character or other rights.
893.54 - Injury to the person.
893.55 - Medical malpractice; limitation of actions; limitation of damages; itemization of damages.
893.555 - Limitation of damages; long-term care providers.
893.56 - Health care providers; minors actions.
893.58 - Actions concerning seduction.
893.585 - Sexual exploitation by a therapist.
893.587 - Sexual assault of a child; limitation.
893.59 - Actions concerning damage to highway or railroad grade.
893.60 - What actions not affected.
893.61 - Contract for payment of money; governmental subdivisions.
893.62 - Action concerning usury.
893.63 - Actions on cashier's check, certified check, or bank money order.
893.64 - Actions upon accounts.
893.65 - Bank bills not affected.
893.66 - Certified public accountants; limitations of actions.
893.70 - Action against certain officials.
893.71 - County seat; contesting change.
893.72 - Actions contesting special assessment.
893.73 - Actions contesting governmental decisions.
893.735 - Action by prisoner contesting a governmental decision.
893.74 - School district; contesting validity.
893.75 - Limitation of action attacking municipal contracts.
893.76 - Order to repair or remove building or restore site; contesting.
893.765 - Order to remove wharves or piers in navigable waters; contesting.
893.77 - Validity of municipal obligation.
893.82 - Claims against state employees; notice of claim; limitation of damages.
893.825 - Statutory challenges.
893.85 - Action concerning old-age assistance lien.
893.86 - Action concerning recovery of legal fees paid for indigents.
893.87 - General limitation of action in favor of the state.
893.89 - Action for injury resulting from improvements to real property.
893.895 - Real estate appraisers; limitations of actions.
893.90 - Bond; campaign financing; lobbying.
893.91 - Action for expenses related to a forest fire.
893.92 - Action for contribution.
893.925 - Action for certain damages related to mining.
893.93 - Miscellaneous actions.
893.94 - Organized crime control; civil remedies.
893.95 - Unclaimed property; civil remedies.
893.96 - Family leave and medical leave; civil remedies.
893.965 - Bone marrow and organ donation leave; civil remedies.
893.97 - Business closing notification.