In an action in which the plaintiff demands the relief specified in s. 843.09, and in which the defendant makes the allegations specified in that section and in addition alleges that the building is partly on plaintiff’s land and partly on land in which the plaintiff has no interest and that the portion of the building built or encroaching on plaintiff’s land cannot be removed or separated from the remaining portion without serious injury to both parts, the defendant may demand judgment that the plaintiff be required to sell the defendant the land on which such 2843.10 ACTIONS FOR POSSESSION OF REAL PROPERTY; DAMAGES building stands or encroaches, together with such additional land as may be necessary or equitable in the circumstances.
Wis. Stat. § 843.10
Counterclaim that plaintiff be required to sell land to defendant
Applied in 2 court decisions — leading case Soma v. Zurawski (2009)
Most recently applied in Wisconsin Department of Natural Resources v. Building & All Related or Attached Structures Encroaching on the Lake Noquebay Wildlife Area (July 2011)
1973 c. 189; Sup
Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.