Wis. Stat. » CHAPTER 893 — LIMITATIONS OF COMMENCEMENT OF ACTIONS AND PROCEEDINGS; PROCEDURE FOR CLAIMS AGAINST GOVERNMENTAL UNITS
Wisconsin Statutes

Wis. Stat. § 893.10 (2026)

Actions, time for commencing

✓ current as of July 2026
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893.10893.10 Actions, time for commencing. The period within which an action may be commenced shall not be considered to have expired when the court before which the action is pending is satisfied that the person originally served knowingly gave false information to the officer with intent to mislead the officer in the performance of his or her duty in the service of any summons or civil process. If the court so finds, the period of limitation is extended for one year.
893.10 HistoryHistory: 1979 c. 323.
893.10 NoteJudicial Council Committee’s Note, 1979: This section is previous s. 893.14 renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
893.10 AnnotationMany Wisconsin statutes of limitations use commencement of “an action” to set the time by which a claimant must act to timely preserve a claim. A party can possess a claim without it commencing an action, but a party cannot properly commence an action without it asserting at least one valid claim. Because a claim provides the basis for an action, a claim necessarily exists before an action is brought, and what matters for limitations purposes is whether an action is timely commenced asserting that claim. The legislative choice to refer to an “action” reflects these basic principles. Town of Burnside v. City of Independence, 2016 WI App 94, 372 Wis. 2d 802, 889 N.W.2d 186, 16-0034.
Notes of Decisions
Cited in 11 cases, 1967–2011 · leading case: Lindl v. Ozanne, 270 N.W.2d 249 (Wis. Ct. App. 1978).
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Lindl v. Ozanne, 270 N.W.2d 249 (Wis. Ct. App. 1978). · cites it 4× “The Lindls brought suit to establish title through adverse possession for more than twenty years not founded upon a written instrument under sec. 893.10(2), Stats. The parcel in dispute is located on the western edge of the Lindls’ property.”
Funk v. Wollin Silo & Equip., Inc., 435 N.W.2d 244 (Wis. 1989). “14 [see, now, §893.10] of the statutes, shall be deemed to accrue as of the time of the alleged wrongful act.”
Wisconsin Dep't of Nat. Resources v. Bldg. & All Related or Attached Structures Encroaching on the Lake Noquebay Wildlife Area, 2011 WI App 119 (Wis. Ct. App. 2011). · cites it 2× “See Wis. Stat. § 893.10 (1965-66). In 1980, the statute was repealed and re-created, reducing the term of adverse possession to twenty years.”
Leimert v. McCann, 255 N.W.2d 526 (Wis. 1977). “” 19 Sec. 893.10, Stats. 20 Herzog v. Bujniewicz, 82 Wis.”
Petropoulos v. City of West Allis, 436 N.W.2d 880 (Wis. Ct. App. 1989). · cites it 5× “(1979), which provided a twenty-year statute of limitations for adverse possession claims, applied to this case, rather than sec. 893.10, Stats. (1977) and earlier statutes, which provided a forty-year *764 statute of limitations.”
Allie v. Russo, 276 N.W.2d 730 (Wis. 1979). “Sec. 893.10(2), Stats. The burden of proof is on the one asserting the claim.”
Hamilton v. Hamilton, 2002 WI App 89 (Wis. Ct. App. 2002). · cites it 2× “14 was amended and renumbered § 893.10, and § 893.16(1) was amended and renumbered § 893.”
State v. Barkdoll, 298 N.W.2d 539 (Wis. 1980). “Sec. 893.10, Stats. Because the defendants did not prove that they adversely possessed the land for forty years after 1931, their claim of adverse possession cannot be sustained.”
Dept. of Transp. v. Black Angus Steak House, 330 N.W.2d 240 (Wis. Ct. App. 1983). · cites it 5× “The statutory language of sec. 893.10, Stats. (1977), is unambiguous on its face.”
Blask v. Sowl, 309 F. Supp. 909 (W.D. Wis. 1967). · cites it 2× “1961 (now Section 893.10, Wis.Stat. 1965), an adverse possession of ten years under section 330.”
Est. of Holmes v. Comm'r, 62 T.C.M. 839 (Tax Ct. 1991). “" Petitioner argues that this is sufficient to satisfy the hostility requirement and that Mrs.”
— Wis. Stat. § 893.10(1) — 1 case
Petropoulos v. City of West Allis, 436 N.W.2d 880 (Wis. Ct. App. 1989). “(1979), which provided a twenty-year statute of limitations for adverse possession claims, applied to this case, rather than sec. 893.10, Stats. (1977) and earlier statutes, which provided a forty-year *764 statute of limitations.”
— Wis. Stat. § 893.10(2) — 2 cases
Lindl v. Ozanne, 270 N.W.2d 249 (Wis. Ct. App. 1978). “The Lindls brought suit to establish title through adverse possession for more than twenty years not founded upon a written instrument under sec. 893.10(2), Stats. The parcel in dispute is located on the western edge of the Lindls’ property.”
Allie v. Russo, 276 N.W.2d 730 (Wis. 1979). “Sec. 893.10(2), Stats. The burden of proof is on the one asserting the claim.”
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