Chapter 843 — ACTIONS FOR POSSESSION OF REAL PROPERTY;DAMAGES FOR WITHHOLDING

843.01 Action for possession. A person claiming an interest in real property and the right, before the time of judgment in the action, to possession of that property, may bring an action for possession except that no such action may be brought to enforce a security interest in re…

843.02 Effect of conveyance. No action for possession of real property shall be barred or delayed by reason of any alienation or conveyance by a defendant to any other person after the commencement of the action; no action for damages for withholding rents and profits shall be ba…

843.03 Complaint, what to allege. The complaint shall describe the property, allege the plaintiff’s interest in the property, allege the plaintiff’s right to possession stating the reasons therefor, state the time at which the plaintiff is entitled to possession, allege that the …

843.04 Future interests. Any recovery of possession against a tenant for life shall be subject to the rights of persons having future interests in the property, unless such persons were joined as parties. History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 19…

843.05 Defendants; separate trials. (1) If the property is occupied, or if any person is in physical possession, or if any person is exercising acts of ownership on the property, such occupant or possessor shall be made a defendant. (2) The court may award a separate trial to any…

843.06 Death of parties. (1) If any plaintiff dies before judgment, the plaintiff’s heir or devisee, or the plaintiff’s personal representative for the benefit of the heir, devisee or creditors, may prosecute in place of the plaintiff. (2) If there are several defendants and any …

843.07 Defenses: legal; equitable. Any defense, whether formerly denominated legal or equitable, may be pleaded as a defense. History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 843.07.

843.08 Defense; condemnation; how pleaded. If the defendant is entitled to have the lands described in the complaint or any part thereof condemned for public use, the defendant shall set forth the facts and the purpose for which the lands are required. If no proceedings for conde…

843.09 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 de…

843.10 Counterclaim that plaintiff be required to sell land to defendant. 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 …

843.11 Plaintiff’s proof; possession. To obtain a judgment for possession it is enough for the plaintiff to prove a right to possession at a time before judgment. History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 843.11.

843.12 Plaintiff’s proof; ouster. If the action for recovery of possession is brought by a tenant in common or a joint tenant against a cotenant, the plaintiff must prove that the defendant ousted the plaintiff or did some other act amounting to a total denial of the plaintiff’s …

843.13 Damages. (1) WITHHOLDING RENTS AND PROFITS. Damages for the withholding of rents and profits are limited to those accruing in the 6 years before the commencement of the action. In estimating such damages the value of the use of any improvements made by the defendant or tho…

843.14 Judgment. (1) The judgment shall award the relief, legal or equitable, to which the plaintiff is entitled. Specifically, and without limitation, the defendant may be enjoined from remaining on the property, be required to remove structures or encroachments which interfere …

843.15 Possession under judgment; contempt. If any party or the party’s legal representative withholds possession of land from the party adjudged to be entitled thereto or his or her legal representatives, the party withholding possession may be punished as for a contempt. Histor…

843.16 Possession unaffected by vacating judgment. If the plaintiff has taken possession by virtue of the plaintiff’s judgment, such possession shall not be affected by the vacation of the judgment on the ground that the defaulting defendant was incapacitated at the time of rendi…

843.17 Writ of assistance. If a judgment is for the immediate possession of real property or for possession on a specified date, the person in whose favor the judgment runs may have a writ of assistance upon application to the clerk of court. History: 1973 c. 189; Sup. Ct. Order,…