Property Disputes in Madison, WI
Property disputes in Wisconsin are common between neighbors. They even occur between companies and governments. People want to protect what is legally theirs, but sometimes the boundary lines are not clear.
Find out what you can do if you have a property dispute in Madison, Wisconsin. Discover the legal remedies and actions that can help you clear up a misunderstanding, arrange a settlement, or manage an issue involving your property.
What Is a Property Dispute?
Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums, and ponds. Madison, WI property disputes can involve a wide range of parties, which might include some of the following:
- Neighbors
- Homeowners’ association
- Landlords and tenants
- Family members
- Trespassers
- Property visitors
- Government agencies
The Dane County Circuit Court can hear Madison property dispute cases, such as adverse possession. Upon appeal, the case may transfer to the Wisconsin Court of Appeals.
Common Types of Madison, Wisconsin Property Disputes
It’s important to know about common disputes to understand your circumstances. The most common property disputes often include:
- Disputes between neighbors regarding where property lines exist
- Disputes between landlords and tenants regarding who is at fault for damage to the property
- Homeowners and real estate developers disagree over who is responsible for repairs on construction
- People blocking their neighbor’s view via a “spite fence” or another structure specifically made to annoy their neighbor
- Disputes between mortgage lenders and creditors over who can foreclose a property and who receives the proceeds of a sale
- Disputes between homeowners and government agencies about whether they have a utility easement
- Ownership disputes about who is the rightful owner of a property
- Issues with zoning
Beyond these examples, you may find other situations in Madison where a property dispute occurs. In general, if you own land, you have to constantly watch out for it and ensure that others are not using it illegally or trying to claim it as their own.
Understanding Typical Madison, Wisconsin Property Disputes
Under the City of Madison Ordinance, you cannot break or injure any tree planted in any highway in the City of Madison. In addition, you cannot pour salt water on any public highway to injure any tree or shrub growing there. Furthermore, you cannot injure, destroy, or damage in any way any tree in any public park or public place within the City of Madison. Any of these acts can result in fines of up to $500.
Wisconsin provides Madison farmers who follow good production practices with protections from frivolous nuisance lawsuits. Under Wisconsin statute, an agricultural operation is not a nuisance under the following conditions:
- The operation does not present a substantial threat to public health or safety
- The operation’s land was in agricultural use without substantial interruption before the plaintiff began use of their property
Legal Process for Boundary Disputes In Madison, Wisconsin
Has someone brought a property dispute against you in Madison, or are you starting a property dispute against someone else? If so, you need to understand the legal process you will go through. This process begins with understanding the issue at hand.
Understand the Boundary Issue
To understand the specific boundary dispute, you’ll have to do the following things:
- Complete a land survey to locate the exact boundary of your home as outlined in the legal description of the deed. This survey will help you understand your property and how much of your land is encroached.
- Conduct an appraisal to learn the exact market value of the piece of property that is in dispute.
- Do a title search to find all of the documents in the chain of title of your Madison, WI property. The title search will show if any deeds may affect your ownership.
These things will likely have happened when you purchased the home. If that’s the case, the documents you already have should suffice unless the case goes to court.
According to the Wisconsin Farm Bureau Federation, Wisconsin requires a fence if the property is used for farming or grazing. In addition, the adjoining landowners must share the responsibility for the fence. Specifically, when a landowner is facing the neighbor’s land, the portion of the fence to their right is their responsibility. The portion to their left is the neighbor’s responsibility. However, these adjoining landowners can mutually agree not to have a fence or to use markers instead.
Try to Find a Solution with Your Neighbor
Property dispute litigation in Madison, Wisconsin can cost a fortune, not to mention it can take a long time to settle a dispute. Therefore, it’s important to open a discussion between you and your neighbor. If you can reach an agreement and settle the dispute without going to court, you can save time and money.
Try to communicate directly with your neighbor. You can attempt sending a letter, email, making a phone call, or visiting their home if that’s a safe option.
If no progress happens and it’s clear that you and your neighbor are still on completely different pages, at this point, you should consider hiring an attorney to assist you. They can help you understand if you have legal grounds upon which to stand. If you do, then you can send a demand letter.
Sending a Demand Letter
This letter will be from your Madison attorney to your neighbor, and it will outline the property dispute. It will give your neighbor the option to respond via a requested action, or it will provide a reasonable price for settling the dispute out of court.
Your neighbor will likely forward this letter to their attorney to better understand the boundary dispute. From there, the attorneys on both sides will decide the best course of action moving forward.
Going to Court or Reaching a Settlement
In most cases, settling the dispute out of court is the best option for both sides, as it helps avoid costly litigation fees. However, if negotiations break down, you may need to take the matter to court.
Once in court, the judge will carefully examine the evidence and determine who owns the , property in question. Keep in mind that the court’s decision is legally binding. You may not agree with the outcome, or it may not align with what you were hoping for, which is why settling is often the wiser choice.
If you take your case to court, you and your Madison attorney can start by filing with the Dane County Clerk of Courts Office. You may also need to appear at the Dane County Courthouse in Madison.
Work With an Experienced Local Property Dispute Lawyer In Madison, Wisconsin
When it comes to property disputes, you should work with an experienced property dispute lawyer. Whether you’re filing a property dispute against your neighbor or you are defending a dispute brought against you, you’ll need a lawyer who understands Madison property law on your side. An experienced lawyer can help you settle before taking the dispute to court, which will save you both time and money. We can even help you connect with an attorney across Wisconsin state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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