Proposed Bill Would Drastically Change Adverse Possession Law in Wisconsin

On October 19, 2015, Senate Bill 344 was introduced. The proposed Bill would overturn 100+ years of adverse possession law in the State of Wisconsin and limit such claims to situations in which the record title holder cannot be identified/located or a building has been located on the disputed property for the requisite period of time. The Bill also provides that if successful, an adverse possession claimant must pay to the previous title holder the fair market value of the real estate that is adversely possessed, the fair market value of any diminution in value to the title holder’s remaining real estate that is attributable to the adverse possession, and reimbursement for real estate taxes paid by the previous title holder during the required period of adverse possession.

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