Wisconsin Statutes

Wis. Stat. § 893.30 (2026)

Presumption from legal title

✓ current as of July 2026

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893.30893.30 Presumption from legal title. In every action to recover or for the possession of real property, and in every defense based on legal title, the person establishing a legal title to the premises is presumed to have been in possession of the premises within the time required by law, and the occupation of such premises by another person shall be deemed to have been under and in subordination to the legal title unless it appears that such premises have been held and possessed adversely to the legal title for 7 years under s. 893.27, 10 years under s. 893.26 or 20 years under s. 893.25, before the commencement of the action.

893.30 HistoryHistory: 1979 c. 323.

893.30 NoteJudicial Council Committee’s Note, 1979: This section is based on previous s. 893.05. The last sentence is expanded to recognize the new 7-year statute in s. 893.27. The words “and in every defense based on legal title” are added to make clear that the presumption of this section applies whether the holder of legal title is suing to recover the land, or a claiming adverse possessor is suing to establish title to it. [Bill 326-A]

893.30 AnnotationThe lowest burden of proof applies in adverse possession cases. Kruse v. Horlamus Industries, Inc., 130 Wis. 2d 357, 387 N.W.2d 64 (1986).

Notes of Decisions

Cited in 5 cases, 1973–2012 · leading case: Gordon v. Horlamus Indus., Inc., 387 N.W.2d 64 (Wis. 1986).

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Gordon v. Horlamus Indus., Inc., 387 N.W.2d 64 (Wis. 1986). · cites it 11× “" The instruction as so modified comports with the presumption of sec. 893.30, Stats., that favors the holder of the legal title.”

Colonial Bank & Trust Co. v. Am. Bankshares Corp., 442 F. Supp. 234 (E.D. Wis. 1977). “be maintained under this section unless commenced before the expiration of three years after the act or transaction constituting the violation or the expiration of one year after the discovery of the facts constituting the violation, whichever first expires, but the time…”

Engel v. Parker, 2012 WI App 18 (Wis. 2012). · cites it 5× “05 (1963), which Herzog cited, remains substantially unchanged today as Wis. Stat. § 893.30 , carrying the same title: "Presumption from legal title.”

Lawrence v. Kenosha Cnty., 304 F. Supp. 2d 1083 (E.D. Wis. 2004). · cites it 4× “Further, the defendants maintain that the discretionary actions of Vena in performing the investigatory stop of Lawrence cannot give rise to liability for negligence since such actions are protected by governmental immunity conferred by Wis. Stat. § 893.30 (4). In arguing that…”

Anderson v. DeRose, 360 F. Supp. 673 (E.D. Wis. 1973). “Since I find nothing in the complaint which justifies an extension under § 893.30 to 893.38, it follows that the complaint fails by reason of the strictures of the statutory time limitations.”

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.