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Wisconsin Real Estate Law Questions & Answers
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.

2 Answers | Asked in Real Estate Law, Constitutional Law and Land Use & Zoning for Wisconsin on
Q: So my mother and I live together in the home she signed ownership of to me. I was wondering if the cops asked to search

Can she give them permission even tho I now own the house

James L. Arrasmith
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answered on Sep 11, 2023

In scenarios where multiple occupants reside in a property, the consent to search the common areas of the property can be given by any one of the occupants. However, since you are the owner of the house, you have a more substantial standing to either consent to or refuse a search of the property.... View More

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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.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: A shed on recently purchased prop. is slightly over the property line. <One foot. Do I need to do anything at this point

Property was purchased in Aug. 2022, surveyed in October. Shed has been there since the 1980's

Anthony M. Avery
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answered on Dec 5, 2022

Apparently you have already bought the property without complaining about an encroachment. You also failed to put a legal description from the new survey in your Deed. The boundary has probably been acquiesced to at this point. You may wish to complain about your attorney if you had one.... View More

1 Answer | Asked in Contracts and Real Estate Law for Wisconsin on
Q: I sold my house via land contract. If I need to send the buyer a written notice, does a lawyer need to send it?

I inherited a house from my father and sold it to a friend via land contract in 2014. He has payed the monthly payment regularly until recently. The contract states if a default payment continues for 30 days, I must provide notice thereof, delivered personally or mailed by certified mail, that he... View More

Anthony M. Avery
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answered on Oct 31, 2022

You definitely need an attorney. Filing suit for eviction and possession will be critical.

"Foreclose" does not sound applicable, but if it is, you have problems. Lessee will not

leave easily after paying out alot of money, and may sue you in equity. Damage to the...
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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: In Wisconsin, if a piece of land has no deed, who owns it? Does the state or county owm it?

Title company could not find chain of title, can't find any deed.

Anthony M. Avery
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answered on Jun 28, 2022

Hire a competent attorney to search the Title. Start with the Tax Records, because either someone is paying property taxes or the County owns it. You may have to go back to Land Patents and then determine Heirship.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I sold a manufactured home and the new owner never titled it in their name. I requested a new title and received it.

If I have the new title, it is still mine?

Anthony M. Avery
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answered on Jun 6, 2022

You may have committed fraud. It might be prudent to sign the title over to the purchaser. At least hire a WI attorney to review the situation and explain your risks, both criminal and civil.

1 Answer | Asked in Estate Planning, Real Estate Law and Land Use & Zoning for Wisconsin on
Q: Land split, legal agreement

My brother and I were jointly gifted 20 acres of land in 2008 by an uncle. We have had the land surveyed and are splitting it into two 10 acre parcels (all of this has been completed) We want to draw up a legal agreement between us that neither party can sell their property outside of our family.... View More

Anthony M. Avery
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answered on May 31, 2022

You need a competent WI attorney to draft both Deeds with enforceable Restrictive Covenants in the Legal Descriptions. Your possible contract would only be enforceable between the contracting Parties. Covenants Running with the Land are necessary.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: My grandmother passed away and left me land and a house. There is someone else living on the property. We can't agree.

The person living on the land has destroyed my house that is located in front. What can I do?

Anthony M. Avery
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answered on Apr 18, 2022

You will have to hire a competent WI attorney to search the title, get the title in your name of record, then sue the occupant for Ejectment, Trespass and Damages.

1 Answer | Asked in Estate Planning and Real Estate Law for Wisconsin on
Q: Unmarried, both on deed, what happens if he dies?

My partner and I own a house together and have one minor child together. He has no other children and does not have a will. If he were to die, what would happen with the house? Would I be able to take over the mortgage? Would I be responsible to pay off his car and credit cards before I could do... View More

Thomas B. Burton
Thomas B. Burton
answered on Nov 9, 2021

Hello, if you are unmarried and own the house together it will depend on how the title to the home is held. This will be reflected on the deed when you purchase the property. If you are both on the title to the property, then it depends on if you hold title as "Joint Tenants with Rights of... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Wisconsin on
Q: My mother-in-law died 2 weeks ago without a will. Wondering about selling her home & claims from Medicare.

Her spouse is deceased & my spouse is her only living child. Her mobile home has a fair market value of $25K but we will end up selling for $13K & have a willing buyer. The home is paid off & there are literally no other assets. She most likely has up to $10K owed through medicare... View More

Thomas B. Burton
Thomas B. Burton
answered on Sep 10, 2021

Yes, you are correct you can use the Transfer by Affidavit method to transfer the mobile home if the total probate assets of the deceased subject to administration are less than $50,000. There is a section on the Transfer by Affidavit where you must send notice to the Estate Recovery Program via... View More

1 Answer | Asked in Government Contracts, Land Use & Zoning, Estate Planning and Real Estate Law for Wisconsin on
Q: we bought a property the rental of the land was not included in with the bill of sale do we have to honor the contract?

Nothing was signed by us and we didn't even know it existed. we waited for wheat to be done being harvested and now want to get rid of them so that we can plant our trees.

Nina Whitehurst
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answered on Jul 24, 2021

Your question cannot be answered without more information. Is there a written lease agreement? You will need to get a copy of that. Have you tried talking to the tenant about his intentions? Did the seller represent that there were no leases?

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