844.01 Physical injury to, or interference with, real property. (1) Any person owning or claiming an interest in real property may bring an action claiming physical injury to, or interference with, the property or the person’s interest therein; the action may be to redress past injury, to restrain further injury, to abate the source of […]
844.05 Waste. (1) Action by purchaser at tax or judicial sale. The purchaser at any sale of real estate for taxes or at judicial sale or by virtue of a power of sale in a mortgage, may sue to restrain the commission of waste during the period before the purchaser takes possession and may, in […]
844.06 Waste; liability. (1) Tenant liable after granting estate. Any tenant who lets or grants the tenant’s estate and still retains possession thereof and commits waste is liable for the waste. (2) Joint tenants, liable. If one joint tenant or tenant in common commits waste of the estate held in joint tenancy or in common, […]
844.10 Private nuisances. Any fence, hedge or other structure in the nature of a fence unnecessarily exceeding 6 feet in height, maliciously erected or maintained for the purpose of annoying the owners or occupants of adjoining property, shall be deemed a private nuisance. However, nothing herein contained shall limit the right of a municipality to […]
844.15 Plaintiffs. (1) If the injury or interference is only to a particular interest, the action may be brought by the owner of that interest without joining other interest-owners as plaintiffs. (2) A person claiming injury or interference who does not have possession, may bring an action under this chapter only by alleging that the […]
844.16 Complaint. The complaint shall indicate each plaintiff’s interest, the interests of all persons entitled to possession, the nature of the alleged injury and, if damages are asked, shall allege the percentages and amounts claimed by each person claiming an interest. History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. […]
844.17 Defendants. (1) Any person whose activities have injured or will injure the plaintiff’s property or interests may be made a defendant. (2) A defendant may defend on the ground that the plaintiff has no interest in the property, or that the plaintiff’s interest is insufficient to entitle the plaintiff to the relief demanded. History: […]
844.18 Intervenors. Any person claiming an interest in the property described in the complaint, and claiming that he or she has been, or will be, injured by a defendant’s activity may intervene in the action. History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 844.18; 1993 a. 486.
844.19 Damages. (1) General. If damages are proper, the findings or verdict shall indicate the amount of damages awardable to each person interested. (2) Waste; double damages. If the injury or interference constitutes waste, the court shall give judgment for double the damages found. (3) Multiple damages. Multiple damages may be awarded if a statute […]
844.20 Judgment. (1) The judgment shall award the relief, legal or equitable, to which the plaintiff is entitled specifically, and without limitation, interference, encroachment, physical injury or waste may be enjoined; damages may be awarded separately, or in addition. (2) Abatement by the sheriff of any nuisance, structure or encroachment may be ordered by the […]
844.21 Abatement. (1) Warrant may be stayed. The court, on the application of the defendant, may order a stay of execution of a judgment under s. 844.20 (2) ordering abatement for such time as may be necessary, not exceeding 6 months, to give the defendant an opportunity to remove the nuisance, structure or encroachment upon […]
844.22 Obstruction of solar or wind energy system. Any structure that is constructed or vegetative growth that occurs on adjoining or nearby property after a solar energy system, as defined in s. 13.48 (2) (h) 1. g., or a wind energy system, as defined in s. 66.0403 (1) (m), is installed on any property, that […]
