Wis. Stat. » CHAPTER 844 — INTERFERENCE WITH INTEREST; PHYSICAL INJURY
Wisconsin Statutes

Wis. Stat. § 844.01 (2026)

Physical injury to, or interference with, real property

✓ current as of July 2026
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844.01844.01 Physical injury to, or interference with, real property.
844.01(1)(1) Any person owning or claiming an interest in real property may bring an action claiming physical injury to, or interference with, the property or the person’s interest therein; the action may be to redress past injury, to restrain further injury, to abate the source of injury, or for other appropriate relief.
844.01(2)(2) Physical injury includes unprivileged intrusions and encroachments; the injury may be surface, subsurface or suprasurface; the injury may arise from activities on the plaintiff’s property, or from activities outside the plaintiff’s property which affect plaintiff’s property.
844.01(3)(3) Interference with an interest is any activity other than physical injury which lessens the possibility of use or enjoyment of the interest.
844.01(4)(4) The lessening of a security interest without physical injury is not actionable unless such lessening constitutes waste.
844.01 HistoryHistory: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 844.01; 1993 a. 486.
844.01 Cross-referenceCross-reference: See s. 840.01 for the definition of “interest in real property.”
844.01 AnnotationThis section creates no rights or duties. It is not a basis for injunctive relief to abate an interference with property. Shanak v. City of Waupaca, 185 Wis. 2d 568, 518 N.W.2d 310 (Ct. App. 1994).
844.01 AnnotationAny remedies fashioned under this section may be applied to a private nuisance dispute if the circumstances warrant. Schultz v. Trascher, 2002 WI App 4, 249 Wis. 2d 722, 640 N.W.2d 130, 00-3182.
Notes of Decisions
Cited in 24 cases (8 in the last 5 years), 1982–2025 · leading case: Bostco LLC v. Milwaukee Metro. Sewerage Dist., 2013 WI 78 (Wis. 2013).
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Bostco LLC v. Milwaukee Metro. Sewerage Dist., 2013 WI 78 (Wis. 2013). · cites it 45× “80 in light of the common law duty to abate negligently maintained private nuisances and statutory provisions such as Wis. Stat. § 844.01 and Wis. Stat. § 844.”
Schultz v. Trascher, 2002 WI App 4 (Wis. Ct. App. 2001). · cites it 65× “Trascher raises numerous points of trial court error, which we condense to three issues: (1) whether the trial court erroneously exercised its discretion by sua sponte orally amending the claim for relief sought by Schultz; (2) whether the trial court record supported the…”
Shanak v. City of Waupaca, 518 N.W.2d 310 (Wis. Ct. App. 1994). · cites it 20× “(K) Are Shanaks entitled to an injunction by virtue of § 844.01, Stats., or Article I, Section 9 of the Wisconsin Constitution to stop the City from depositing materials via the storm sewer system into the millpond? We conclude that they are not.”
Menick v. City of Menasha, 547 N.W.2d 778 (Wis. Ct. App. 1996). · cites it 11× “§ 1983 ; (3) a taking under Article I, Section 13 of the Wisconsin Constitution; (4) an interference with real property under § 844.01, Stats.; and (5) a private nuisance.”
Prah v. Maretti, 321 N.W.2d 182 (Wis. 1982). · cites it 6× “[4] As to the claim of private nuisance the circuit court concluded that the law of private nuisance requires the court to make "a comparative evaluation of the conflicting interests and to weigh the gravity of the harm to the plaintiff against the utility of the defendant's…”
Liebovich v. Minnesota Ins., 2008 WI 75 (Wis. 2008). · cites it 2× “9 While we do not definitely establish the contours of the full range of intrusions into property constituting covered injuries, we note that Wis. Stat. § 844.01 (2), which defines *777 physical injury to real property, explains that "[pjhysical injury includes unprivileged…”
Apple Hill Farms Dev., LLP v. Price, 2012 WI App 69 (Wis. Ct. App. 2012). · cites it 4× “is so constituted as to obtain more pleasure out of needlessly annoying others than by securing and retaining their respect as a manly member of society, his sovereign right in his own property, to use it as he may so far as that use does not physically extend outside his…”
SJ Props. Suites v. Specialty Fin. Grp., LLC, 864 F. Supp. 2d 776 (E.D. Wis. 2012). · cites it 26× “In a March 6, 2012, decision, the Court of Appeals for Seventh Circuit concluded that Wis. Stat. § 844.01 does not create an independent cause of action; it is a statute that sets forth remedies when a cause of action exists.”
Milwaukee Metro. Sewerage Dist. v. City of Milwaukee, 2003 WI App 209 (Wis. Ct. App. 2003). · cites it 2× “This court reasoned: *702 While we conclude that the City cannot claim immunity against the assertion of a private nuisance action, we agree that § 844.01, Stats., does not confer a statutory basis for this claim.”
Lac Du Flambeau Band v. Stop Treaty Abuse-Wisconsin, Inc., 759 F. Supp. 1339 (W.D. Wis. 1991). · cites it 2× “§§ 1982 , 1983, 1985(3), 1986 and Wis.Stat. §§ 844.01 (interference with real property), 29.”
Timm v. Portage Cnty. Drainage Dist., 429 N.W.2d 512 (Wis. Ct. App. 1988). · cites it 2× “At trial, the Timms claimed defendants violated their duty under sec. 88.63, and failed to follow proper procedures under secs.”
Soma v. Zurawski, 2009 WI App 124 (Wis. Ct. App. 2009). · cites it 2× “See Wis. Stat. § 844.01 . Wisconsin Stat. § 844.”
Show all 24 citing cases →
— Wis. Stat. § 844.01(1) — 9 cases
Bostco LLC v. Milwaukee Metro. Sewerage Dist., 2013 WI 78 (Wis. 2013). “80 in light of the common law duty to abate negligently maintained private nuisances and statutory provisions such as Wis. Stat. § 844.01 and Wis. Stat. § 844.”
Schultz v. Trascher, 2002 WI App 4 (Wis. Ct. App. 2001). “Trascher raises numerous points of trial court error, which we condense to three issues: (1) whether the trial court erroneously exercised its discretion by sua sponte orally amending the claim for relief sought by Schultz; (2) whether the trial court record supported the…”
Menick v. City of Menasha, 547 N.W.2d 778 (Wis. Ct. App. 1996). “§ 1983 ; (3) a taking under Article I, Section 13 of the Wisconsin Constitution; (4) an interference with real property under § 844.01, Stats.; and (5) a private nuisance.”
Shanak v. City of Waupaca, 518 N.W.2d 310 (Wis. Ct. App. 1994). “(K) Are Shanaks entitled to an injunction by virtue of § 844.01, Stats., or Article I, Section 9 of the Wisconsin Constitution to stop the City from depositing materials via the storm sewer system into the millpond? We conclude that they are not.”
Timm v. Portage Cnty. Drainage Dist., 429 N.W.2d 512 (Wis. Ct. App. 1988). “At trial, the Timms claimed defendants violated their duty under sec. 88.63, and failed to follow proper procedures under secs.”
— Wis. Stat. § 844.01(3) — 2 cases
Lac Du Flambeau Band of Lake Superior Chippewa Indians v. Stop Treaty Abuse-Wisconsin, Inc., 781 F. Supp. 1385 (W.D. Wis. 1992).
V.A. House N3595, LLC v. Kt Hay, LLC (Wis. Ct. App. 2025).
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