Wis. Stat. » CHAPTER 843 — ACTIONS FOR POSSESSION OF REAL PROPERTY;
Wisconsin Statutes

Wis. Stat. § 843.09 (2026)

Counterclaim for improvements

✓ current as of July 2026
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843.09843.09 Counterclaim for improvements. In any action brought for a declaration of right to possession or to recover possession of real property or to remove claimed encroachments, a defendant in addition to defending against plaintiff’s claim may by counterclaim allege that the defendant or a person under whom the defendant claims, while holding adversely by color of title asserted in good faith, has made permanent and valuable improvements on or by permanent and valuable building has encroached on such property and may demand the value to the plaintiff of such improvements and taxes paid. The plaintiff may amend the plaintiff’s complaint to set off against such claim for improvements and taxes any claim for rents and profits enjoyed by the defendant or those under whom the defendant claims during any period occurring prior to and terminating 6 years before the commencement of such action and which the plaintiff might have recovered but for the limitation of s. 843.13 (1).
843.09 HistoryHistory: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767, 783 (1975); Stats. 1975 s. 843.09; 1993 a. 486.
Notes of Decisions
Cited in 4 cases, 1982–2009 · leading case: Leciejewski v. Sedlak, 342 N.W.2d 734 (Wis. 1984).
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Leciejewski v. Sedlak, 342 N.W.2d 734 (Wis. 1984). · cites it 8× “Under sec. 843.09, Stats., [7] a defendant in an action for a declaration of *643 right to possession or to recover possession of real property who alleges to hold title to the property adversely by color of title asserted in good faith may counterclaim for the value of…”
Ludyjan v. Cont'l Cas. Co., 2008 WI App 41 (Wis. Ct. App. 2008). · cites it 2× “235 , [*219], 236, [*219-20] (1865), addressed the measure of value for improvements made by a person who wrongly believed he held title to the land, and not the officious conferring of benefits (the case was governed by the Improvement Act, the modern version of which can be…”
Soma v. Zurawski, 2009 WI App 124 (Wis. Ct. App. 2009). · cites it 2× “10 incorporates requirements from Wis. Stat. § 843.09 . These statutes read as follows: *96 843.”
Leciejewski v. Sedlak, 329 N.W.2d 233 (Wis. Ct. App. 1982). “Under sec. 843.09, Stats., a defendant in an action to recover possession of real property may counterclaim for the value of improvements made to land that he claims to hold adversely by color of title asserted in good faith.”
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