Wisconsin Adverse Possession

I am not all that clear on adverse possession, however here is the scoop. Back in 1980 the road going between my property and neighbors property was redone, there was a new curve in the road and that left 1.45 acres of the neighbors property on "my" side of the road. I have taken care of this 1.45 acres since 1980, have done the mowing have removed dead trees, have basically treated it as my own without a word from the neighbor in all these years. Recently I sold a section of my land and the new owner got in a spat with neighbor so neighbor has turned nasty to everyone and told me to stay off of her property (1.45 acres) I am wondering if it's possible that i may be elgible to file for Adverse possession? Thanks in advance for any information

Karrie

In Wisconsin, the elements of adverse possession are that the disputed property was used for the requisite period of time in an open, notorious, visible, exclusive, hostile and continuous manner that would apprise a reasonably diligent landowner and the public that the possessor claimed the land as his or her own. Harwick v. Black, 217 Wis. 2d 691, 699, 580 N.W.2d 354 (Ct. App. 1998).

Quote:

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Quoting Wis Stat § 893.25 - Adverse possession, not founded on written instrument.

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(1) An action for the recovery or the possession of real estate and a defense or counterclaim based on title to real estate are barred by uninterrupted adverse possession of 20 years, except as provided by s. 893.14 and 893.29. A person who, in connection with his or her predecessors in interest, is in uninterrupted adverse possession of real estate for 20 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:

(a) Only if the person possessing it, in connection with his or her predecessors in interest, is in actual continued occupation under claim of title, exclusive of any other right; and

(b) Only to the extent that it is actually occupied and:

1. Protected by a substantial enclosure; or

2. Usually cultivated or improved.

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Thank you, from what i am reading this would pertain to my situation, I will contact an attorney....everyone in the neighborhood knows that I have been the one taking care of this land, ie mowing, keeping fallen trees cleaned up etc. and i also have no trespassing signs on the land itself...Much appreciate the quick reply..

Karrie

Personally, I don't see that you have a claim since you did not "occupy" it, it is not fenced or cultivated. You only maintained it, and you did not have exclusive rights to it nor was your maintenance "hostile" vis a vis the rights, use or occupation of the landowner. It was an amicable situation where she allowed you to do the work voluntarily.