Multiple family members owning real estate together can be a recipe for disaster unless they jointly create a plan for the ownership and management of the property for generations to come. Melissa Kampmann and Shanna Yonke discuss the necessity of a well-reasoned plan, crafted by current and future owners, to minimize the risks associated with the common ownership of property.
Ensure the validity of real estate conveyances when you and clients electronically dot your i’s and cross your t’s. This article highlights major sources of law concerning e-transactions, Wisconsin Realtors Association forms, and federal laws. It also identifies inconsistencies and potential hazards that could cause a transaction to be found invalid.
Heads up: More changes to landlord-tenant laws in Wisconsin. In this article, Delavan attorney Brian Schuk explains how Act 176 helps landlords remove problem tenants with “crime-free” notice provisions, changes to “notice” language, and other measures.
The Wisconsin Statutes now prohibit local governments from imposing or enforcing time-of-sale requirements on the sale of real estate and other local ordinances affecting real estate transactions. Because the old requirements remain on the books, and appear on the mandated offer to purchase form, lawyers must ensure buyers and sellers are on the same page.
Rene Von Schleinitz died in 1972. His will provided for a trust to hold land with “improvements,” including cottages on Cedar Lake in West Bend. Recently, a state appeals court ruled that “improvements” did not include septic and well systems serving a cocottage built and owned by Von Schleinitz’s daughter and her husband.
Nov. 18, 2015 – Two pending bills would effectively eliminate adverse possession claims in Wisconsin. In this article, attorney Jessica Shrestha discusses the history of adverse possession, the proposed legislation, and the arguments for and against the proposals.
Real-life vacant houses don’t shelter ghosts or poltergeists, but the problems they cause can be as daunting to vanquish as any fictional apparition. A recent supreme court case illuminates the effect of zombie properties on homeowners, lenders, and surrounding communities. Although the decision offers some resolutions, many questions remain.
Whether your goal is to keep a conditional use permit standing or knock it down, learn more about the legal underpinnings of these permits and how to maximize clients’ chances to successfully obtain or defeat the granting of such permits. The author provides legal and political strategies to achieve the desired outcome.
Aug. 5, 2015 – Good fences make good neighbors; bad ones might lead neighbors into court to battle over mismarked boundaries and “true” ownership of property. Jessica Shrestha overviews adverse possession, and what lawyers should consider.
Adverse possession recurrently affects property owners, who might find themselves in disputes with neighbors over seemingly inconsequential strips of land. Three recent Wisconsin cases have involved subjective intent, hunting land, the definition of “substantial enclosure,” and acquiescence. These cases will likely affect almost any adverse possession dispute.