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LRBs0301/1
FFK:jld/kjf/wlj
2015 - 2016 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 465
February 4, 2016 - Offered by Representative Craig.
AB465-ASA1,1,2 1An Act to create 893.305 of the statutes; relating to: an affidavit of interruption
2of adverse possession or use of real estate.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB465-ASA1,1 3Section 1. 893.305 of the statutes is created to read:
AB465-ASA1,1,5 4893.305 Affidavit of interruption; adverse possession and prescriptive
5use
. (1) Definitions. In this section:
AB465-ASA1,1,76 (a) "Affidavit of interruption" means an affidavit that satisfies the
7requirements under sub. (3).
AB465-ASA1,1,98 (b) "Neighbor" means a person who holds record title to real estate abutting the
9record title holder's real estate.
AB465-ASA1,1,1210 (c) "Survey" means a property survey that complies with ch. A-E 7, Wis. Adm.
11Code, and that contains a certification by a professional land surveyor that the
12survey shows all visible encroachments on the surveyed land.
AB465-ASA1,2,3
1(2) Interruption by affidavit. A record title holder may interrupt adverse
2possession of real estate under s. 893.25, 893.26, 893.27, or 893.29 and adverse use
3of real estate under s. 893.28 (1) by doing all of the following:
AB465-ASA1,2,74 (a) Recording, in the office of the register of deeds for the county in which the
5record title holder's parcel is located, an affidavit of interruption along with a survey
6of the record title holder's parcel that was certified no earlier than 5 years before the
7date of recording.
AB465-ASA1,2,98 (b) Providing notice of the recorded affidavit of interruption in accordance with
9sub. (4).
AB465-ASA1,2,1210 (c) Recording proof that notice was provided in accordance with sub. (4) in the
11office of the register of deeds for the county in which the record title holder's parcel
12is located.
AB465-ASA1,2,1813 (d) If notice is provided under sub. (4) (a), recording on the neighbor's abutting
14parcel, within 90 days of the date the neighbor received the notice, a notice of the
15recorded affidavit of interruption that includes a copy of the recorded affidavit of
16interruption, including the attached survey. A notice of the recorded affidavit under
17this paragraph shall include a legal description of the neighbor's abutting parcel and
18of the record title holder's parcel.
AB465-ASA1,2,21 19(3) Affidavit of interruption. A record title holder shall include in an affidavit
20to interrupt adverse possession of real estate under s. 893.25, 893.26, 893.27, or
21893.29 or adverse use of real estate under s. 893.28 (1) at least all of the following:
AB465-ASA1,2,2322 (a) A legal description of the parcel of land that contains the real estate that
23is being adversely possessed or adversely used, as described in par. (c).
AB465-ASA1,2,2524 (b) A statement that the person executing the affidavit is the record title holder
25of the parcel.
AB465-ASA1,3,2
1(c) A general description of the adverse possession or adverse use that the
2record title holder intends to interrupt by recording the affidavit.
AB465-ASA1,3,53 (d) A statement that the adverse possession or adverse use of real estate
4described in par. (c) is interrupted and that a new period of adverse possession or
5adverse use may begin the day after the affidavit is recorded.
AB465-ASA1,3,76 (e) A statement that the record title holder will provide notice as required under
7sub. (4).
AB465-ASA1,3,12 8(4) Notice. (a) If the record title holder knows, or has reason to believe, that
9the person who is adversely possessing or adversely using the record title holder's
10real estate is a neighbor, the record title holder shall provide notice to the neighbor
11by sending all of the following by certified mail, return receipt requested, to the
12neighbor's address, as listed on the tax roll:
AB465-ASA1,3,1413 1. A copy of the recorded affidavit of interruption, including the attached
14survey.
AB465-ASA1,3,1815 2. A notice of the record title holder's intent to, within 90 days of the date the
16notice is received, record a notice of the affidavit of interruption on the neighbor's real
17estate that abuts the record title holder's parcel. Notice under this subdivision shall
18include a reference to this section.
AB465-ASA1,3,2519 (b) If the record title holder knows the identity of the person who is adversely
20possessing or adversely using the record title holder's real estate and the person is
21not a neighbor, the record title holder shall provide notice to the person by sending
22the person a copy of the recorded affidavit of interruption, including the attached
23survey, by certified mail, return receipt requested, to the person's last-known
24address. Notice provided under this paragraph shall include a reference to this
25section.
AB465-ASA1,4,6
1(c) If the person who is adversely possessing or adversely using the record title
2holder's real estate is unknown to the record title holder at the time the affidavit of
3interruption is recorded, the record title holder shall provide notice by publishing a
4class 1 notice under ch. 985 in the official newspaper of the county in which the record
5title holder recorded the affidavit of interruption. The published notice shall include
6all of the following:
AB465-ASA1,4,77 1. A statement that the record title holder recorded an affidavit of interruption.
AB465-ASA1,4,88 2. The recording information for the recorded affidavit of interruption.
AB465-ASA1,4,109 3. The street or physical address for the parcel on which the affidavit of
10interruption was recorded.
AB465-ASA1,4,1111 4. A reference to this section.
AB465-ASA1,4,1412 (d) If certified mail sent by a record title holder under par. (a) or (b) is returned
13to the record title holder as undeliverable, the record title holder shall provide notice
14by publication under par. (c).
AB465-ASA1,4,22 15(5) Effect of record. If a record title holder complies with sub. (2), any period
16of uninterrupted adverse possession under s. 893.25, 893.26, 893.27, or 893.29 of real
17estate described in the affidavit of interruption and any period of continuous adverse
18use under s. 893.28 (1) of real estate described in the affidavit of interruption are
19interrupted on the date on which the affidavit of interruption is recorded on the
20record title holder's parcel, as required under sub. (2) (a). A new period of adverse
21possession or continuous adverse use may begin after the date on which the affidavit
22of interruption is recorded on the record title holder's parcel.
AB465-ASA1,4,25 23(6) Entitled to record. The register of deeds shall record affidavits of
24interruption, proofs of notice under sub. (2) (c), and notices of affidavits of
25interruption under sub. (2) (d) in the index maintained under s. 59.43 (9).
AB465-ASA1,5,4
1(7) Construction. (a) An affidavit of interruption recorded under this section
2may not be construed as an admission by the record title holder that the real estate
3is being possessed adversely, as defined under s. 893.25, 893.26, 893.27, or 893.29,
4or is being used adversely under s. 893.28 (1).
AB465-ASA1,5,75 (b) An affidavit of interruption under this section is not evidence that a person's
6possession or use of the record title holder's real estate is adverse to the record title
7holder.
AB465-ASA1,5,9 8(8) Other procedures. The procedure for interrupting adverse possession or
9adverse use set forth in this section is not exclusive.
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