Wisconsin Statutes
Wis. Stat. § 841.01 (2026)
Declaration of interest
✓ current as of July 2026
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841.01(1)(1) Any 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.
841.01 HistoryHistory: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 841.01.
841.01 Cross-referenceCross-reference: See s. 840.01 for the definition of “interest in real property.”
841.01 AnnotationA review of ch. 841 as a whole shows that the legislature intended for this section to create a cause of action. SJ Properties Suites v. Specialty Finance Group, LLC, 864 F. Supp. 2d 776 (2012).
Notes of Decisions
Cited in 25
cases (9 in the last 5 years), 1980–2026 · leading case: Kruckenberg v. Harvey, 2005 WI 43 (Wis. 2005).
Kruckenberg v. Harvey, 2005 WI 43 (Wis. 2005). “39 Further, application of claims preclusion without an exception would seem to conflict with Wis. Stat. § 841.01 , whereby any person, at any time, may seek a declaration of interests in real property "against any person claiming a conflicting interest.”
Erickson Oil Prods., Inc. v. State, 516 N.W.2d 755 (Wis. Ct. App. 1994). “) Erickson claims that when the State accepted its offer to purchase, it had an equitable title or interest in the real estate and therefore its suit for specific performance is permitted against the State as a *45 declaration of interests under § 841.01, Stats., which provides:…”
SJ Props. Suites v. Specialty Fin. Grp., LLC, 864 F. Supp. 2d 776 (E.D. Wis. 2012). “03 (Count V), a declaration of rights under Wisconsin Statutes § 841.01 (Count VI), and interference with interest and physical injury to real property (Count VII).”
Klawitter v. Klawitter, 2001 WI App 16 (Wis. Ct. App. 2000). “§ 841.01. Alternatively, Elmer asked for contribution from Janet for one-half of the land contract and related property payments he had made after Janet left the relationship.”
Weis v. Bd. of Regents of the Univ. of Wisconsin Sys., 837 F. Supp. 2d 971 (E.D. Wis. 2011). “10 (providing that the state *978 may be made a party defendant in any action for a declaration of interests in real property under § 841.01). But that section expressly states that “no judgment for the recovery of money or personal property or costs shall be rendered in any…”
Annoye v. Sister Bay Resort Condo. Ass'n, Inc., 2002 WI App 218 (Wis. Ct. App. 2002). “The Association argues that because it does not have a property interest in the condominium, it is not a proper party to this action under § 841.01(1). [2] It is true that § 841.01(1) does permit "Any person claiming an interest in real property [to] maintain an action against…”
Vill. of Hobart v. Oneida Tribe of Indians of Wisconsin, 2007 WI App 180 (Wis. Ct. App. 2007). “" An "interest in real property" is defined as follows: (1) Except as provided in sub.”
Schunk v. Brown, 457 N.W.2d 571 (Wis. Ct. App. 1990). “Although not expressly invoking sec. 841.01(1), Stats., we deem both parties' pleadings as seeking relief pursuant to that statute, which provides: "Any person claiming an interest in real property may maintain an action against any person claiming a conflicting interest, and…”
Welzien v. Kapec, 298 N.W.2d 98 (Wis. Ct. App. 1980). “1 Sections 841.01 and 893.10, Stats. 2 Welzien’s motion to amend, although not necessary, was made during the hearing on the Sherrens’ motion for summary judgment.”
Annoye v. Sister Bay Resort Condo. Ass'n, 2002 WI App 218 (Wis. Ct. App. 2002). “The Association argues that because it does not have a property interest in the condominium, it is not a proper party to this action under § 841.01(1). 2 It is true that § 841.01(1) does permit "Any person claiming an interest in real property [to] maintain an action against any…”
Ali H. Mardan v. Ingie Mardan (Wis. Ct. App. 2019). “§ 841.01. The circuit court dismissed both of those claims on ripeness grounds.”
Muellenberg v. State of Wisconsin Dep't of Transp., 2015 WI App 48 (Wis. Ct. App. 2015). “We discuss these Department plans in more detail below. ¶ 11. In response to this information about the Department's plans, Muellenberg filed this action in September 2012, seeking a declaration and enforcement of his interest in the original easement pursuant to Wis.”
— Wis. Stat. § 841.01(1) — 9 cases
Annoye v. Sister Bay Resort Condo. Ass'n, Inc., 2002 WI App 218 (Wis. Ct. App. 2002). “The Association argues that because it does not have a property interest in the condominium, it is not a proper party to this action under § 841.01(1). [2] It is true that § 841.01(1) does permit "Any person claiming an interest in real property [to] maintain an action against…”
Vill. of Hobart v. Oneida Tribe of Indians of Wisconsin, 2007 WI App 180 (Wis. Ct. App. 2007). “" An "interest in real property" is defined as follows: (1) Except as provided in sub.”
Schunk v. Brown, 457 N.W.2d 571 (Wis. Ct. App. 1990). “Although not expressly invoking sec. 841.01(1), Stats., we deem both parties' pleadings as seeking relief pursuant to that statute, which provides: "Any person claiming an interest in real property may maintain an action against any person claiming a conflicting interest, and…”
Annoye v. Sister Bay Resort Condo. Ass'n, 2002 WI App 218 (Wis. Ct. App. 2002). “The Association argues that because it does not have a property interest in the condominium, it is not a proper party to this action under § 841.01(1). 2 It is true that § 841.01(1) does permit "Any person claiming an interest in real property [to] maintain an action against any…”
Keith M. Kuzelka Trust v. Dora E. Kuzelka (Wis. Ct. App. 2023).
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