Wisconsin Statutes
Wis. Stat. § 840.03 (2026)
Real property remedies
✓ current as of July 2026
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
840.03(1)(1) Any person having an interest in real property may bring an action relating to that interest, in which the person may demand the following remedies singly, or in any combination, or in combination with other remedies not listed, unless the use of a remedy is denied in a specified situation:
840.03(1)(L)(L) Restraint of another’s use of, or activities on, or encroachment upon land in which plaintiff has an interest.
840.03(1)(m)(m) Restraint of another’s use of, activities on, or disposition of land in which plaintiff has no interest; but the use, activity or disposition affect plaintiff’s interest.
840.03(2)(2) The indication of the form and kind of judgment in a chapter dealing with a particular remedy shall not limit the availability of any other remedies appropriate to a particular situation.
840.03 HistoryHistory: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 840.03; 1993 a. 486.
840.03 AnnotationThe Wisconsin legislature intended to create a cause of action under this section. SJ Properties Suites v. Specialty Finance Group, LLC, 864 F. Supp. 2d 776 (2012).
Notes of Decisions
Cited in 14
cases (3 in the last 5 years), 1983–2025 · leading case: Bank of New York v. Shirley T. Carson, 2015 WI 15 (Wis. 2015).
Bank of New York v. Shirley T. Carson, 2015 WI 15 (Wis. 2015). “Wis. Stat. § 840.03 (1)(g). However, the ultimate availability of this judicial "remedy" is dependent upon the equities involved, including recognition of the "interests in real property" of others.”
Turner v. Taylor, 2003 WI App 256 (Wis. Ct. App. 2003). “See Wis. Stat. § 840.03 . 2 The Turners maintained their property should be free of the easement by virtue of Wis.”
Ash Park, LLC v. Alexander & Bishop, Ltd., 2010 WI 44 (Wis. 2010). “" Wis. Stat. § 840.03 (1)(f). ¶ 43. Further, Wisconsin courts have not restricted a seller's remedy of specific performance to cases in which a remedy at law is inadequate.”
Wengerd v. Rinehart, 338 N.W.2d 861 (Wis. Ct. App. 1983). “Section 840.03(1) (i), Stats., provides in substance that a person having an interest in real property may bring an action relating to that interest in which he may demand certain remedies including a judicial conveyance.”
Roundy's Inc. v. Nat'l Labor Relations Bd., 674 F.3d 638 (7th Cir. 2012). “See Wis. Stat. § 840.03 (1) (“Any person having an interest in real property may bring an action relating to that interest.”
Ash Park, LLC v. Alexander & Bishop, Ltd., 2009 WI App 71 (Wis. Ct. App. 2009). “Further, Wis. Stat. § 840.03 lists "specific performance of contract" as one of the numerous remedies that may be pursued in a real property action, singly or in combination, "unless the use of a remedy is denied in a specified situation.”
SJ Props. Suites v. Specialty Fin. Grp., LLC, 864 F. Supp. 2d 776 (E.D. Wis. 2012). “The 49-page, 239-paragraph Complaint asserts claims for unjust enrichment (Count I), promissory estoppel (Count II), violations of Subchapter III of Wisconsin Statutes Chapter 224 (Count III), unclean hands (Count IV), a declaration of rights under Wisconsin Statutes § 840.03…”
Country Visions Coop. v. Archer-Daniels-Midland Co., 2020 WI App 32 (Wis. Ct. App. 2020). “§ 840.03(1) (permitting “[a]ny person having an interest in real property [to] bring an action relating to that interest, in which the person may demand .”
Bank of New York v. Shirley T. Carson (Wis. 2015). “Wis. Stat. § 840.03 (1)(g). However, the ultimate availability of this judicial "remedy" is dependent upon the equities involved, including recognition of the "interests in real property" of others.”
Hebron Cmty. Methodist Church v. Wisconsin Conf. Bd. of Trs. of the United Methodist Church, Inc. (W.D. Wis. 2022). “” Wis. Stat. Ann. § 840.03 . Accordingly, Hebron requests “a declaration of rights that it is entitled to the quiet, exclusive, uninterrupted, and peaceful possession of the Subject Property without any interference from the Defendant Conference.”
Loki Fiontar, LLC v. Dep't of Nat. Resources (Wis. Ct. App. 2024). “§ 840.03, it was “entitled to other additional remedies against the [DNR], to include an award of restitution; a directive that the [DNR] restrain on interference with Loki’s rights in, on or to the land; and a general award of damages.”
V.A. House N3595, LLC v. Kt Hay, LLC (Wis. Ct. App. 2025). “9 For example, both damages and equitable remedies are available under WIS.”
— Wis. Stat. § 840.03(1) — 5 cases
Wengerd v. Rinehart, 338 N.W.2d 861 (Wis. Ct. App. 1983). “Section 840.03(1) (i), Stats., provides in substance that a person having an interest in real property may bring an action relating to that interest in which he may demand certain remedies including a judicial conveyance.”
Bank of New York v. Shirley T. Carson, 2015 WI 15 (Wis. 2015). “Wis. Stat. § 840.03 (1)(g). However, the ultimate availability of this judicial "remedy" is dependent upon the equities involved, including recognition of the "interests in real property" of others.”
Country Visions Coop. v. Archer-Daniels-Midland Co., 2020 WI App 32 (Wis. Ct. App. 2020). “§ 840.03(1) (permitting “[a]ny person having an interest in real property [to] bring an action relating to that interest, in which the person may demand .”
V.A. House N3595, LLC v. Kt Hay, LLC (Wis. Ct. App. 2025). “9 For example, both damages and equitable remedies are available under WIS.”
Bank of New York v. Shirley T. Carson (Wis. 2015). “Wis. Stat. § 840.03 (1)(g). However, the ultimate availability of this judicial "remedy" is dependent upon the equities involved, including recognition of the "interests in real property" of others.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.