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Wisconsin Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law, Municipal Law and Small Claims for Wisconsin on
Q: Can a landlord give a 5 day eviction without going through court in Wisconsin?

The eviction notice is not through the court system. It is a template from evictionbotice.com. The eviction notice states I'm being evicted for one non payment which I have been working with him with, I have that in writing, but I have a text stating it's for something else that is... View More

0 Answers | Asked in Real Estate Law for Wisconsin on
Q: If you sue over real estate transaction is it reasonable to motion for discovery and ask for the disclosures

Can you ask for discovery from the defendant for the disclosures from when they bought the property to see if the asbestos presence was disclosed to them I assume it was as the property value was seriously inflated by them as they only purchased it a few years ago so why else would they have got it... View More

0 Answers | Asked in Civil Litigation, Landlord - Tenant and Real Estate Law for Wisconsin on
Q: Wi Joint tenancy rights /survivorship death of other owner whom evicted me left uncle there who acts like owner need Out

Ok my ex and I bought a home in 2013 in 2021 we split he evicted me and won due to default judgement I was late and I think I can get this off the record but he left his uncle who kicks me off the property and I just paid up the taxes and mortgage which is now in my name my dog is there and I need... View More

1 Answer | Asked in Real Estate Law and Small Claims for Wisconsin on
Q: Do I have legal options for remedying an issue with a smoking neighbor in a non-smoking multi-tenant residential unit?

I live in a residential + commercial zoned, multi-tenant building designated as non-smoking by the building owner, and have a neighbor who I've good reason to believe is smoking in the neighboring apartment. It stinks up my apartment during the late hours and irritates my lungs while I believe... View More

Tim Akpinar
Tim Akpinar
answered on Oct 27, 2024

A Wisconsin attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal and the impact it has had on your health. While some questions go unanswered, you could try reposting and including "Landlord-Tenant" as a category. Attorneys who practice... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Land Use & Zoning for Wisconsin on
Q: Allodial title to my property my full ownership and tax laws. Also I am retired.
James L. Arrasmith
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answered on Aug 5, 2024

Allodial title refers to a property ownership concept where the owner holds the land free and clear of any superior landlord. In the United States, true allodial title is virtually non-existent. Instead, most property ownership is under a fee simple title, which means you have complete ownership... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: when 4 sibling equally own a property what happens when kids come along with varying number in each family?
Anthony M. Avery
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answered on Jul 23, 2024

Not sure of your question. But if a tenant in common dies then his issue take his share by representation. It is just a standard heirship determination.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I am an officer in a small condo HOA in Wisconsin. We are soliciting quotes for insurance coverage...

as a series of six twinplexes without revealing we are an HOA. Is this legal?

Tim Akpinar
Tim Akpinar
answered on Jul 29, 2024

A Wisconsin attorney could advise best, but your question remains open for two weeks. Whether or not what you are doing is legal or illegal under Wisconsin law (a local attorney should advise there, as insurance practices are governed largely by state law - it does not sound like something that... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: If 3 people own a property equally and two want to sell it. Does it have to be sold? Or do you all have to agree?

Property inherited by siblings in equal portion. One, or possibly two want to sell. The third absolutely does not. Does the majority rule? Would the third have to buy out the other two at market value to keep it? The Property is in northern Wisconsin. It was a family vacation home that was left to... View More

Anthony M. Avery
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answered on Apr 15, 2024

Any TIC can file suit for a Partition Sale. Hire a WI attorney to force a sale.

1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Domestic Violence for Wisconsin on
Q: What are my rights when the family-in-law bully my husband about the selling of the house and division of the money ?

my husband has 2 house. the 1st house is : my husband name in 1st + his younger brother name by default. 6 people including us lived there. We moved to the 2nd house : his younger sister name by default, his younger brother name and my husband name in 3rd. The 4 family members first ask to sell... View More

James L. Arrasmith
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answered on Apr 10, 2024

As your husband's spouse, you have certain rights and protections, even if your name is not on the property titles. Here are some key points to consider:

1. Marital property: Depending on your location and the laws that apply, the houses may be considered marital property, meaning that...
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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Wisconsin on
Q: How do I account for vendor's interest in a land contract when completing inventory of estate?

My father passed away and was the vendor in a land contract agreement with my aunt. There is nothing about survivorship rights in the contract. I need to inventory his assets for informal probate. How do I account for his interest in the land contract as a vendor at the time of his death? Is he... View More

Anthony M. Avery
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answered on Mar 14, 2024

The contract for deed is a chose in action which is personal property. It is an Estate asset, for which the fiduciary can sue on or be sued to enforce. Your lawyer should know this. Its value can be easily computed by the amount owed on the contract. The lessee Aunt has the risk of not... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: My sister has poa she sold my parents property. So she didn't have to bother with it when she got old

My mom is an invalid, she also conned her into signing papers. My mom's brain has healed. Dhe is in nursing home against her will sldo

Anthony M. Avery
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answered on Dec 5, 2023

Mother needs to revoke the power of attorney and hire an WI attorney to sue sister. Attorney In Fact has fiduciary duties to her Principal. Any transfers to herself are presumptively fraudulent. Unless you are Mother's Conservator/Guardian, you have no standing.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I'd like to add my wife to the deed on my home in Wisconsin. Do I just file a notarized Quit Claim and get it recorded?

The mortgage is paid.

Anthony M. Avery
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answered on Nov 28, 2023

If you did that, she would own the fee. Hire an WI attorney to consult about what estate to convey to her. Then execute and record the Deed.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Can a judgement lien still be place on my home after the ten years are up?
T. Augustus Claus
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answered on Oct 16, 2023

No, a judgment lien cannot still be placed on your home after the ten years are up in Wisconsin. Under Wisconsin law, a judgment lien expires after ten years from the date it was entered. After ten years, the judgment creditor can no longer enforce the lien against your home. For personalized legal... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Re Mortgage satisfaction document: Is the book and page# necessary, or is the document # enough?
Anthony M. Avery
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answered on Oct 10, 2023

It is best to recite all recording information in the mortgage release. You definitely need to look at the recorded mortgage and use all recording information shown on the face of it.

1 Answer | Asked in Landlord - Tenant, Real Estate Law, Civil Litigation and Civil Rights for Wisconsin on
Q: Can you evict a tenant with no lease on a verbal agreement

Yes verbally

Anthony M. Avery
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answered on Oct 4, 2023

Yes... Hire a WI attorney to file suit for possession.

1 Answer | Asked in Contracts and Real Estate Law for Wisconsin on
Q: Is it illegal to offer a land contract at zero % interest in Wisconsin?
T. Augustus Claus
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answered on Aug 31, 2023

In Wisconsin, it is not inherently illegal to offer a land contract at zero percent interest. A land contract is a legitimate arrangement where the seller finances the sale of a property to the buyer. The interest rate and terms of a land contract are typically negotiable between the parties... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
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... View More

Anthony M. Avery
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answered on Jun 27, 2023

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... View More

2 Answers | Asked in Personal Injury and Real Estate Law for Wisconsin on
Q: Can a solar farm be built next to me if I am chronically ill?

I suffer from chronic asthma and Broken Heart Syndrome. I have been hospitalized three times in the last two years. My heart is damaged. From what I have read about the construction, I cannot breathe for at least six months. My doctor told me to move. It was a predatory mortgage; we owe more than... View More

Tim Akpinar
Tim Akpinar
answered on Jul 3, 2023

A Wisconsin attorney could advise best, but your question remains open for a week. I'm sorry for the stressful ordeal this has created for you. In terms of personal injury, if the project was properly permitted and the work complies with OSHA, environmental, health, land use, and other... View More

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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: In Wisconsin, a neighbor is planting trees right along the property line. Can I trim what hangs over my property?
John Michael Frick
John Michael Frick
answered on Apr 27, 2023

You can trim the tree branches that overhang your property without destroying or killing the tree. You may have a legal duty to trim the branches that overhang your property if they pose a foreseeable risk of damage to a person or property (for example, if they overhang your driveway, they may... View More

1 Answer | Asked in Libel & Slander, Family Law, Real Estate Law and Civil Rights for Wisconsin on
Q: Can I legally record a co owner in my home when she is yelling through the door or calling me by name in my house?
Jane E. Probst
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Jane E. Probst
answered on Feb 6, 2023

Wisconsin is a one party state. You can record as long as you are part of the conversation.

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