Waukesha, WI asked in Real Estate Law for Wisconsin

Q: Is there a 7 year provision on driveways in wisconsin? meaning if there for more than 7 years? its over property line

Driveway done by previous owners. It encroaches neighbors property line. He has not put large rocks on driveway blocking part of my access in this dispute. Permitted in 1998 using a hand drawing, but in 2008 another previous owner put in concrete and may have went property line. Neighbor bought in 2014, I bought in 2020 and now he is giving me a problem allowing me to sell my property but placing large rocks on my driveway that intersects property line.. any remedy for this?

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1 Lawyer Answer
Anthony M. Avery
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A: Since you just bought the property in 2020, you may be able to sue your seller for breach of warranty of title . But you definitely have a boundary dispute. Hire a WI attorney to file suit which is basically a Declaratory Judgment with Trespass. Acquiescence to the ascertainable boundary line that was in place for several years will be important, not the new disputed line. You will need a surveyor, and witnesses in the neighborhood to testify.

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