Wisconsin Squatter Laws
Wisconsin law permits a squatter to claim adverse possession of a property after 20 years of continuous occupation or less if they have color of title.
Written by Natalie Todoroff
Reviewed by Melanie Reiff
Wisconsin
squatter laws allow squatters to claim adverse possession of a property after 20 years of continuous occupation. This is shortened to 10 years if they have color of title or just seven if they have color of title and have been paying property taxes. As America’s Dairyland, Wisconsin is home to many barns and other buildings tucked away in remote areas. In some ways, this is a squatter’s paradise.
While it’s alarming to roll up to your property and see that someone else is claiming it has their home, you may be shocked to discover that in some instances, squatting is perfectly legal.
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Who’s considered a squatter in Wisconsin?
Per Wisconsin law, a squatter is someone who moves into a foreclosed, abandoned, or previously unoccupied property without the lawful permission of the owner. Property in this instance a building or a plot of land—unless it is owned by the local or state government.
Squatters cannot claim adverse possession on government-owned property.
If this sounds a bit like trespassing to you, you wouldn't be the first one to be confused. Luckily, the United States government has been passing laws since the 1850s to differentiate between squatters, trespassers, and holdover tenants. Let’s take a look at the key differences.
Squatting vs. trespassing vs. holdover tenants
Trespassing is a criminal offense, while squatting is usually a civil issue. However, squatting can become a criminal offense if the landowner has established that the squatter is not welcome.
Squatting becomes a larger issue if the property is occupied. Of course, someone cannot just barge into your home or apartment and claim it for themselves. But, if the property is completely abandoned and the squatter is not aware that they are unwelcome, they’re not technically trespassing.
Holdover tenants are a completely different story. They are tenants who continue to occupy a rented space after their lease has expired. Technically, this could qualify as trespassing, but if their landlord is fine with it and they continue to pay the rent on time, they are considered tenants at will instead.
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Wisconsin DUI laws
Adverse possession laws in Wisconsin
You’re probably unfamiliar with the term adverse possession. Claiming adverse possession allows a trespasser to gain legal ownership of an abandoned property.
To claim adverse possession in Wisconsin, a trespasser must continuously occupy a property for 20 years and meet the five criteria below.
Hostile possession
Despite its name, hostile possession just means that the squatter is occupying the property in question without the permission of the actual owner.
This covers “simple” or “good faith” occupations, in which the trespasser does not realize that their actions are unlawful, and instances in which the squatter is fully aware that they have no legal right to be there.
Actual possession
To claim actual possession, a trespasser must treat the property they’re on as if they were the actual owner. This means they’ve been the ones dealing with management, upkeep, landscaping, etc.
Open and notorious possession
This one also sounds a little odd but also has a pretty straightforward definition. In order to claim adverse possession, a trespasser must be living openly and notoriously on the property, meaning they can’t be trying to go unnoticed. It must be obvious that they’re living there.
Exclusive possession
Per Wisconsin law, you and all your buddies can’t set up shop in an abandoned house or office building. The trespasser is not allowed to share possession with the owner, other tenants, or other trespassers.
Continuous possession
Finally is continuous possession, arguably the most important part of making an adverse possession claim. The trespasser must be in continuous possession of the property for 20 years.
If you have color of title (explained below), your requirement is shortened to 10 years.
If you have a color of title claim and have been paying the taxes levied against the property, you can claim continuous possession in just 7 years.
Key Takeaway How long you need to wait before claiming adverse possession depends on whether you have color of title and if you’ve been paying property taxes.
Does Wisconsin honor color of title claims?
In Wisconsin squatter laws, having “color of title” means that the ownership of a property is “irregular,” or missing some of the necessary legal documents. This could include having an illegible title or a title that you believed was real but is actually fake.
With a color of title claim, a squatter does not have to present complete paperwork for property ownership.
The state of Wisconsin not only honors color of title claims, but having one can also significantly reduce the required occupation time needed to claim adverse possession.
How to protect yourself from squatters
Despite their legality, squatters are probably not what you want to find on your property. While you can’t always stop them from coming, here are a couple of tips to help deter squatters from your property:
- Check up on your property. Like we mentioned earlier, if you own a barn or other empty building that you don’t always occupy, visit often to make sure you don’t have any unwanted guests.
- Make it clear that visitors are unwelcome. Posting “no trespassing” or “private property” signs can help prevent potential squatters from claiming hostile possession.
- Pay your property taxes. If you’re the owner, make sure you’re the one paying the taxes on your property—not someone else! When you regularly pay, it becomes harder for others to lay a claim on your land.
- Up your security system. Installing locks and cameras can help stop unwanted entry.
How to find home and auto insurance in Wisconsin
You can’t always prevent unforeseen or undesirable things—like having squatters on your property—but there are a couple of steps you can take to protect your property.
Another part of protecting what’s yours is having robust auto and
home insurance
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FAQs
Do squatters have to pay property taxes in Wisconsin?
No, squatters do not have to pay property taxes in Wisconsin. But if a Wisconsin squatter can prove they’ve been paying property taxes, the mandatory continuous possession time is reduced from 20 years to 7.
Is it illegal to squat in a home?
It really depends on the situation. Squatters are legally allowed in instances where the home is unoccupied and the owner has not made it clear that they’re unwelcome.
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