Wisconsin Statutes
Wis. Stat. § 840.01 (2026)
Definition of interest in real property
✓ current as of July 2026
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840.01(1)(1) Except as provided in sub. (2), “interest in real property” includes estates in, powers of appointment under ch. 702 over, present and future rights to, title to, and interests in real property, including, without limitation by enumeration, security interests and liens on land, easements, profits, rights of appointees under powers of appointment, rights under covenants running with the land, powers of termination, and homestead rights. The interest may be an interest that was formerly designated legal or equitable. The interest may be surface, subsurface, suprasurface, riparian, or littoral.
840.01(2)(2) “Interest in real property” does not include interests held only as a member of the public nor does it include licenses.
840.01 HistoryHistory: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975), 782; Stats. 1975 s. 840.01; 1983 a. 186; 1999 a. 85; 2013 a. 92.
840.01 AnnotationIn an action for unreasonable interference with an easement, it was reasonable for the court to order the defendant landowner to place a fence post at least 2 feet away from a right-of-way as interference to easements can be caused even if objects do not physically touch the right-of-way. Hunter v. McDonald, 78 Wis. 2d 338, 254 N.W.2d 282 (1978).
840.01 AnnotationA municipality’s regulatory power to condemn, assess, tax, and zone property within its boundaries is not an “interest in real property” under this section. Village of Hobart v. Oneida Tribe of Indians of Wisconsin, 2007 WI App 180, 303 Wis. 2d 761, 736 N.W.2d 896, 06-2639.
Notes of Decisions
Cited in 12
cases (2 in the last 5 years), 1980–2025 · leading case: Prince Corp. v. James N. Vandenberg, 2016 WI 49 (Wis. 2016).
Prince Corp. v. James N. Vandenberg, 2016 WI 49 (Wis. 2016). “02 (1) permits a person "having an interest in real property" to sue for partition, and Wis. Stat. § 840.01 defines an "interest in real property" very broadly to include "an interest that was formerly designated legal or equitable.”
Vill. of Hobart v. Oneida Tribe of Indians of Wisconsin, 2007 WI App 180 (Wis. Ct. App. 2007). “The Village named the Tribe, Fox Valley & Western, and unknown individuals as defendants. 2 The Tribe moved to dismiss the complaint asserting, among other things, that the Village had failed to state a claim under ch.”
Reckner v. Reckner, 314 N.W.2d 159 (Wis. Ct. App. 1981). “Because the term “homestead” is used for more than one separate and distinct statutory purpose, we interpret its meaning in this context.”
Bank of New York v. Shirley T. Carson, 2015 WI 15 (Wis. 2015). “Wis. Stat. § 840.01 . For the reasons stated below, I respectfully concur.”
State v. Phillips, 298 N.W.2d 239 (Wis. Ct. App. 1980). “3 Section 840.01 defines an “interest in real property” as including “security interests and liens on land.”
Lac Du Flambeau Band v. Stop Treaty Abuse-Wisconsin, Inc., 759 F. Supp. 1339 (W.D. Wis. 1991). “over, and all present and future rights to, title to, or interests in real property, including without limitation by enumeration, security interests and liens on land, easements, profits, rights of appointees under land, rights under covenants running with the land, powers of…”
Roundy's Inc. v. Nat'l Labor Relations Bd., 674 F.3d 638 (7th Cir. 2012). “Roundy’s also argues that Wisconsin statutory law provides even nonexclusive easement owners with a civil action to oust those that interfere with the use and enjoyment of the easement, citing to Wis. Stat. §§ 840.01 et seq. and Wis. Stat.”
Mueller v. Brunn, 313 N.W.2d 790 (Wis. 1982). “By some rationales it could be argued that damage to real property includes damage to any of those “interests in real property” as defined in sec. 840.01, Stats. To so argue is not unreasonable, but because the clear tendency of the law and the rationale of courts which have…”
Lac Du Flambeau Band of Lake Superior Chippewa Indians v. Stop Treaty Abuse-Wisconsin, Inc., 991 F.2d 1249 (7th Cir. 1993). “Relying as well on the definition of "property" under Wisconsin statutory law, Wis. Stat. § 840.01 , the district court held that the usufructuary right to spear fish is a property interest protected by § 1982.”
Bank of New York v. Shirley T. Carson (Wis. 2015). “Wis. Stat. § 840.01 . For the reasons stated below, I respectfully concur.”
Arnold R. Kaiser v. Townline CTH-N LLC (Wis. Ct. App. 2024). “01(1) provides that “[a]ny person claiming an interest in real property may maintain an action against any person claiming a conflicting interest, and may demand a declaration of interests.” An “interest in real property” includes “estates in, powers of appointment under [WIS.”
V.A. House N3595, LLC v. Kt Hay, LLC (Wis. Ct. App. 2025). “§§ 840.01, 840.03, 844.01, 844.19, and 844.”
— Wis. Stat. § 840.01(1) — 3 cases
Bank of New York v. Shirley T. Carson, 2015 WI 15 (Wis. 2015). “Wis. Stat. § 840.01 . For the reasons stated below, I respectfully concur.”
Arnold R. Kaiser v. Townline CTH-N LLC (Wis. Ct. App. 2024). “01(1) provides that “[a]ny person claiming an interest in real property may maintain an action against any person claiming a conflicting interest, and may demand a declaration of interests.” An “interest in real property” includes “estates in, powers of appointment under [WIS.”
Bank of New York v. Shirley T. Carson (Wis. 2015). “Wis. Stat. § 840.01 . For the reasons stated below, I respectfully concur.”
— Wis. Stat. § 840.01(2) — 1 case
Vill. of Hobart v. Oneida Tribe of Indians of Wisconsin, 2007 WI App 180 (Wis. Ct. App. 2007). “The Village named the Tribe, Fox Valley & Western, and unknown individuals as defendants. 2 The Tribe moved to dismiss the complaint asserting, among other things, that the Village had failed to state a claim under ch.”
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