Squatters Rights in Wisconsin & Adverse Possession Laws 2024

Squatting and adverse possession has become a growing conversation across the country, and Wisconsin is no different. In Wisconsin, squatters can legally claim properties through a process called adverse possession.

Squatters are becoming a larger concern for landlords, so it’s beneficial to familiarize yourself with the state’s laws on squatters rights and adverse possession. In Wisconsin, squatters can occupy the property without the owner’s permission, but it is a lengthy and detailed process for them to successfully and legally lay ownership to the property.

In this article, we’ll go over Wisconsin landlord-tenant laws, squatters rights, and adverse possession laws. Read more to learn about squatters rights in Wisconsin and the process of adverse possession.

Trespassers vs. Squatters

Although commonly used as synonyms, a trespasser and a squatter are legally not the same. Both refer to someone who is legally not authorized to be on your property, but they have important distinctions in the eyes of the law.

In Wisconsin, squatters are entitled to the right of adverse possession if they reside on the property for 20 years. Residing entails having control of the property and treating it as their own, making an attempt to better the property.

On the other hand, a trespasser is a person who is on someone else’s property without their consent or approval. They are not entitled to any rights of the property and cannot try to establish ownership and can be removed by law enforcement without an eviction process.

Because of this, squatters are much more difficult to remove from a property than trespassers. In Wisconsin, a squatter can be considered a trespasser after the eviction process has been started. As a best practice, it’s important to take preventative measures so trespassers don’t become squatters.

Legality of Squatting in Wisconsin

Squatting in Wisconsin is legal as long as the owner has not explicitly stated the squatter is not allowed to be there.

However, Wisconsin’s adverse possession laws are among some of the toughest in the country, making Wisconsin a difficult state to successfully have an ownership of property through squatting.

With this in mind, it is critical to mitigate trespassing on a property before it becomes squatting. Trespassing in Wisconsin is a Class A misdemeanor and law enforcement can remove trespassers without an eviction notice. This is a much shorter and easier process than evicting squatters, so getting ahead of any potential squatting situations is ideal.

Squatters Rights and Adverse Possession Laws in Wisconsin

Adverse possession, also known as squatters rights, is the process where a person can gain legal ownership from another if it is occupied without the owner’s permission for a specific period of time.

These laws vary from state to state, so it’s important to understand the specific laws in each state you own property. Each state also specifies how a landlord is legally allowed to handle a situation involving squatters.

Under squatters rights in Wisconsin, occupants must live full-time on the property without any attempt at concealment or secrecy. This means that the property owner, neighbors, or anyone passing the dwelling should easily identify someone is living there. In Wisconsin specifically, they must have control of the property for 20 continuous years and make efforts to treat it as their own, such as lawn maintenance.

How Wisconsin Squatters Can Legally Claim Property Through Adverse Possession

Adverse possession claims in Wisconsin are a worst-case scenario for landlords as the criteria are hard to fulfill. Most of the criteria are easily avoidable if landlords keep a close eye on unoccupied properties.

Wisconsin Squatter Laws

A squatter must meet and comply with five requirements to successfully claim adverse possession and legally occupy the property.

• Actual possession: The person must be physically on and using the property.
• Hostile possession: The person must be occupying the property without the owner’s authorization.
• Open and notorious: The occupancy is not being hidden and is clear to everyone viewing the property.
• Exclusive: No one else is occupying the property, unless they prove to be a partner to or family of the occupant.
• Continuous: The property must be occupied uninterrupted for 20 years.

The timeline is important to note here. The property must be occupied for 20 consecutive years with no breaks. The only exception is if the occupant has a color of title, which is an invalid version of an official document that appears legitimate.

• If the occupant leaves for a period of time and comes back, the clock restarts.
• The continuous possession period can be reduced to seven years if they have a color of title and have proof they paid taxes on that property.
• Lastly, it’s important to note that each time requirement is mutually exclusive from the others.

Landlord Rights & Responsibilities

Although this article focuses on squatters rights, it’s important to note that landlords in Wisconsin also have rights. These rights include:

• Property owners have the right to grant or deny access to their properties. Legal agreements are best to clearly outline these authorizations.
• When the property is vacated, the landlord must regain the possession and oversight of the property. This includes maintaining upkeep and reasonable accommodations to prevent future squatters.
• Owners must continue paying real estate taxes and any additional fees incurred with the property, like HOA fees.

Squatters Rights & Responsibilities

• Squatters are allowed to stay on the property until a written notice is given. They can contest this notice in court, where they will need to provide documentation and evidence as a burden of proof that their residency is better than the property being vacant.
• Additionally, they can file an adverse possession claim in court, showing evidence that all adverse possession criteria have been met. The landlord has the ability to contest this, in which both sides will present evidence and a judge will rule.
• If the squatter is successful in proving they provide better care for the property, the deed can be transferred and registered to the squatter’s name, thus establishing legal ownership.

How to Evict Squatters in Wisconsin

Many states allow self-help evictions, also known as a landlord changing the locks, turning off utilities, moving belongings, or refusing to make basic habitable repairs. This process is illegal in Wisconsin and can negatively affect the eviction process.

In Wisconsin, the best way to remove an occupant is through the judicial eviction process.

• First, serve an eviction notice (otherwise known as a Notice to Quit), which gives a timeline in which the occupant needs to vacate the property. Eviction notices in Wisconsin are typically 5-, 14-, and 28-day notices.
• If the squatters do not leave, file an eviction lawsuit in your local jurisdiction’s court. Be sure to provide as much evidence and documentation to your real estate attorney as possible.
• If the judge rules in favor of the landlord, law enforcement will remove the squatters from the premises.
• After the eviction is processed and finalized, change the locks to ensure the squatters do not return. If any further legal action is needed for back rent or to cover the cost of damages and repairs, consult with your real estate attorney on next steps.

Legal Help for Landlords in Wisconsin

There are resources available for landlords dealing with squatters in Wisconsin. Consulting legal counsel with a real estate attorney in Wisconsin is a good step in understanding and resolving squatters rights in Wisconsin.

• Databases like FindLaw and Justia connect landlords with lawyers who specialize in adverse possession and squatters rights in Wisconsin.
• TurboTenant partnered with EZ Evict USA to help landlords in Wisconsin and beyond streamline evictions and remove squatters from properties quickly.
• Steadily provides landlord insurance guides and support through squatter processes.

Preventing Future Squatter Situations

There are actionable steps landlords can take to deter squatters from occpying their properties. Squatters rights in Wisconsin often can be avoided with a few straightforward and preventative steps.

• Rent your property. If you have consistent short term tenants or a long-term tenant, it is less likely for a squatter to try and take ownership of the property.
• Maintain the property. Many squatters choose properties that are run-down or appear abandoned, making adverse possession easier. Be sure to maintain the exterior of the building and landscaping to avoid any potential squatters.
• Post no trespassing signs. Although a seemingly small step, this may be enough to keep a squatter from living in your property. Be sure these signs are in a reasonable and visible place.
• Keep the building secured. If there is no easy access into a building, squatters are less likely to see it as a viable living situation. Be sure to lock any point of access into the home, including doors, windows, and basement doors.
• Add security measures. If possible, additional security measures like security cameras and alarms help deter any trespassers or squatters. These security measures can also be beneficial in the eviction process.

How Property Management Software Can Help

TurboTenant’s property management software can help fill properties and minimize vacancies, thus preventing squatters. Helpful features to avoid adverse possession include:

• Unlimited listings for rental advertising are posted to dozens of popular renter sites, for free.
• Wisconsin-specific lease generation simplifies creating or adjusting a lease on your own, and ensures compliance with state-specific rental laws.
• Automated rental applications allow landlords to easily view potential tenants and compare who is the best fit for the property.
• Thorough applicant screening allows landlord to check for credit, criminal, and eviction histories.
• EZ Evict USA handle eviction headaches, quickly resolving eviction cases by tracking cases through every step.

Sign up for a free TurboTenant account to better handle your property management needs today.

Wisconsin Squatters Rights FAQs