Can you erect a fence on someone’s land and claim it as yours? The law recognizes the ownership claim as adverse possession, which often leads to unique boundary disputes. Individuals who go this route must show their exclusive, uninterrupted, and continuous possession of the property in question. Here, an experienced real estate attorney at Scott & Heenan LLC in Platteville, explains these elements and how lawyers use them to resolve claims under Wisconsin law. 

Proving Adverse Possession in Boundary Disputes

1. Exclusive Possession

The law presumes that the true owner of land possesses it. So, someone claiming ownership must overcome that condition. One option is by establishing open and clear signs of possession, such as erecting a fence or building on the property. These acts show intent to keep the true owner out and give notice of claimed ownership. However, in Hall v. Wilsman, the court held the claimant’s act of mowing the property was not enough to give the true proprietor notice.  

2. Uninterrupted Possession

Wisconsin law requires people claiming adverse possession to establish their custody existed for 20 years. Creative attorneys have proven this element successfully by using testimony from people who lived on the land, and old aerial photographs from county records, as in Dorsha v. Wiesner. 

3. Continuous Possession

Proving continuous possession can be complicated because a claimant must show ownership through acts covering the entire 20-year period. However, the instances don’t have to be alike, and lawyers often search for witnesses who can testify about past uses of the land to prove this element in boundary dispute cases.    

If you need help from an attorney with experience in adverse possession boundary disputes, contact Scott & Heenan LLC in Platteville, WI. Since 1999, residents throughout Grant County have received wise counsel and skilled representation from these dedicated lawyers. Visit the firm online to learn more about their background in a diverse range of practice areas. Call (608) 348-9506 today to schedule a consultation.