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Adverse possesion

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What is the name of your state? Wisconsin
We have had our property surveyed and found out that our neighbor is encroaching on our property. His garage is 12-1/2 feet on our property and was built 7 years ago. His shed is 20 feet on our property and was built last year. His septic system was put in by the previous owner 17 years ago and is about 10 feet on our property. We have sent him a letter asking him to remove all of them and he has not responded at all. We know we will have to sue him because we did get legal advice and now will proceed. He finally said something to us yesterday that we should have said something about the septic system and we responded that we did not know that he was on our property until after he put the shed up and we thought he was on our property. I just want to know if he has any right to keep the septic system on our property since we have been told that adverse possesion in Wisconsin is 20 years. He seems to feel that he can. Is the law on our side or is it possible he may keep that land?
 


HomeGuru

Senior Member
amacoycurry said:
What is the name of your state? Wisconsin
We have had our property surveyed and found out that our neighbor is encroaching on our property. His garage is 12-1/2 feet on our property and was built 7 years ago. His shed is 20 feet on our property and was built last year. His septic system was put in by the previous owner 17 years ago and is about 10 feet on our property. We have sent him a letter asking him to remove all of them and he has not responded at all. We know we will have to sue him because we did get legal advice and now will proceed. He finally said something to us yesterday that we should have said something about the septic system and we responded that we did not know that he was on our property until after he put the shed up and we thought he was on our property. I just want to know if he has any right to keep the septic system on our property since we have been told that adverse possesion in Wisconsin is 20 years. He seems to feel that he can. Is the law on our side or is it possible he may keep that land?

**A: it is possible that the court would rule that you give an easement for the septic system (with stipulations) and he remove the garage and shed. Or sign an encroachment agreement for the 2 stuctures if you have a big property and do not need the land that these structures are on.
 

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