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Property Keyed to Saxer
Wilcox v. Estate of Hines
Citation:
849 N.W.2d 280 (Wis. 2014)Facts
The case centers on a 25-foot wide strip of lakefront property (lakefront strip) adjacent to the Wilcox property.
The Somas were the prior owners, i.e., predecessors in interest, of the Wilcox property. They purchased the property from Titus, who explained to the Somas that the Wilcox property did not include the lakefront strip but that they would have a right of foot traffic over the property. In fact, the true owner of the lakefront strip was Mr. Hines. The Somas, however, never actually knew who owned the lakefront strip.
The Somas owned the Wilcox property for almost 40 years. During that time, the couple made numerous improvements to the lakefront strip. The couple never asked Mr. Hines for permission to make these alterations. The Somas did, however, ask and receive permission from a non-owner they mistakenly believed to be the true owner. (i.e., evidence of permissive use).
In 2002, the Wilcox’s purchased the property from the Somas. At the time of sale, the Somas expressly informed the Wilcoxes that the property did not include the lakefront strip. (i.e., express declaration of non-ownership). Nevertheless, the Wilcoxes maintained and developed the lakefront strip in the years following their purchase, adding improvements such as piers, a patio, flowers, trees, a fire pit, and steps.
Roughly ten years after their purchase, the Wilcoxes brought a claim for adverse possession under Wisconsin law against the true owners of the lakefront strip. By that time, title to the lakefront strip had passed to the Estate of Hines.
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