Frequently Asked Questions About Real Estate Law In Wisconsin
The Law Office of Josiah R. Stein, LLC, has been assisting individuals, families and business owners with their real estate matters in Wisconsin for more than a decade. In that time, the firm has been asked and has answered many questions. Here are brief informational answers to some of the most frequently asked questions. For real estate advice, speak with Attorney Josiah R. Stein.
I let my neighbors build their fence on my property. How do I protect my future rights? Do I need to talk to a lawyer?
In Wisconsin, someone openly using land for a certain number of years may have the right to ownership under adverse possession laws. It is often tempting to seek answers online. In many cases the internet provides partial or outdated information. Whenever you are dealing with any type of potential adverse possession claim, it is always best to consult with your lawyer. No two situations are exactly the same, and slightly different circumstances can lead to different outcomes. In the specific situation of allowing your neighbors to build their fence on your property, you should be able to protect your rights by providing permission or by recording an affidavit of interruption.
My neighbors built a fence on my property. What can I do?
Fence relocations can be difficult to resolve without the help of an experienced real estate attorney. Generally, your neighbors will be required to relocate their fence unless they have established a right to ownership under Wisconsin adverse possession laws.
My neighbor chopped down my favorite tree, claiming that it was on their property. I have proof that it was on my property. Can I sue for damages?
Yes. Civil penalties can apply when a person cuts or otherwise damages another person’s tree without permission. You may have a right to sue for damages. Contact an experienced real estate attorney to learn more about your legal options.
I just discovered that someone has been living on the far end of my farm property and has been claiming it as their own. What can I do?
When someone has been living openly on land and claiming it as their own for a certain number of years, they may have a right to ownership under Wisconsin’s adverse possession laws. But establishing adverse possession is difficult and complicated. With the help of a real estate attorney, you may be able to negotiate with the trespasser or challenge their claims to adverse possession in court.
My property is landlocked. Is that possible?
Many of my potential clients wrongly believe that it is not possible for property to become landlocked in Wisconsin. Unfortunately, this can happen. When it does, it is often possible to file a lawsuit seeking an easement of necessity or easement by implication when certain conditions are met. Call the Law Office of Josiah R. Stein, LLC, to learn more about your options when faced with issues involving landlocked property.
I don’t like the way my neighbor is using the easement over my property. How can I make this stop?
In Wisconsin, the person who benefits from an easement has the right to fully use the easement consistent with the specific terms of the easement document. When this use is expanded, it is considered a trespass, and you may have the right to seek a restraining order and money damages in court. Keep in mind that every situation is different and requires careful legal analysis.
Contact A Real Estate Attorney For Answers To Your Real Estate Questions
Reach Attorney Stein in Green Bay at 920-569-3225 or by sending an email to his office. He will help you understand your legal options and take the necessary steps toward resolving your real estate disputes.