Elements of Adverse Possession

 TO:
FROM:
DATE:
SUBJECT:
Elements of Adverse Possession
The elements of the doctrine of adverse possession in Wisconsin are recorded in the Code
of Civil Procedure (Wiscon. Const. Part 45, Art. III). The law includes actions concerning real or
personal property. Under the code, there is possession when presumed: occupation is considered
under the legal title except when it is adverse. In every action taken for obtaining a real property
or possession of the same, an individual establishing legal ownership of a property is supposed to
have been in possession within the required time stipulated by the law. The occupation of the
property in question by any other party must be under a legal title except in a case where the
property has been possessed or held adversely to the legal title for a period of five years. Under
this law, the five-year period must be the duration before the commencement of the action.
The second element is occupation under judgment or written instrument when considered
adverse. This can only be applied when it appears that the person occupying the property or the
people whom he claims to be occupying it obtained the possession by claiming the title
excluding other right (Wiscon. Const. Part 45, Art. III). If the claim is found under a written
instrument used to convey that the property in question or some part of it had been held
adversely, the law can be applied. However, the property should be free from tract divided into
lots because the possession of one lot cannot be deemed a possession of any part in the same
tract.
Under the written instruments, judgment, or decree, adverse possession has various different
cases for constituting the law to any person claiming title. The cases include where a land has
been usually improved or cultivated, where there is protection of the land by substantial
enclosure, where it has been used for economic purpose, such as the supply of fuel, and where a
known part of it has been improved. When land is used for supplying fuel, fencing in order to
practice husbandry and pasturage among other uses, the third case still applies (Wiscon. Const.
Part 45, Art. III).
The third element deals with the premises occupied under the claim of a title that is supposed to
be held adversely. In a case where it appears that an individual has continued occupying land
under a claim of title, without the existence of other rights, but not under a written instrument,
the decree of judgment of the actually occupied land is considered to be held adversely according
to this law. There are few exemptions where the case of unwritten agreement can be applied. If a
person claims title is not founded upon judgment, decree of written document, then a substantial
closer must protect it, and the land must be usually cultivated or improved (Wiscon. Const. Part
45, Art. III).
Squatter’s Rights
A squatter is also known as an adverse possessor. A squatter’s right is the right to claim adverse
possession, which can only be obtained once all the state requirements are satisfied, and the legal
steps to perfect the claim are taken. An example of this right is a case where a property was
abandoned, and an individual “squatted” in it for a period required by the law, and then the 
squatter can gain possession. Any temporal removal or abandonment during the period denies a
squatter the benefit of possessing (Squatters Rights Law & Legal Definition, n.d).
Tacking
Tacking is a process where a person in adverse possession of a property decides to add more
periods of possession to the periods of a prior adverse possessor (Squatters Rights Law & Legal
Definition, n.d). It is only allowed when there is no time lapse between the end of a possession
and the beginning of occupancy by another party. In order to apply this principle, possession by
the prior occupant is required to be diverse. A is the right owner of Blackacre. Y moved to
Blackacre in 1980 under a circumstance that is in favor of an adverse possession claim. In 1998,
Y retakes the land and kicks W out of the land. The same continues with X and W, where each
kicks out the other after every 9 years. In 2010, X and Z’s heirs raise adverse claims. Even
though both X and Y’s lines held the property for many years, A still remains the rightful owner.
Color of Title
The land law requires that all titles used to establish claims of ownership are valid. Under the
color of title, the validity of a title determines right ownership of a property (Squatters Rights
Law & Legal Definition, n.d). An individual can have color of title to a property; a document
needed to evidence that a title is considered invalid. One cannot show ownership when there is a
defect in the title. If, for example, Annette provides John with a deed to a land that he does not
have the right ownership, John can consider the land under color of title.
Quiet Title
Quiet title action is the lawsuit filed in order to have ow