Legal Issues for

LandownersPaul Kloppenburg, Wisconsin DNR

John Exo, UW-Extension

Learning Objectives

• Know how to identify your property boundaries;

• Understand the common laws that affect woodland owners;

Identifying Property Boundaries

Why identify boundaries?

– Timber harvests

–Reduce trespass

–Avoid adverse possession (extremely rare)

–Not everyone knows where boundaries are

History continued

• Township exteriors surveyed first

• Interior sections surveyed later

• County surveyors

– Established interior section corners from original surveys

Original survey notes

1 Section =

640 acres

township

6 5 4 3 2 1

7 8 9 10 11 12

18 17 16 15 14 13

19 20 21 22 23 24

30 29 28 27 26 25

31 32 33 34 35 36

1 mile

1 m

ile

Legal Descriptions

How to read a legal description:The tax bill lists S1/2, NESE, 24, 33N 9E, 20.00. The legal description is: “south half of the

Northeast quarter of the Southeast quarter, Section 24, Township 33N, Range 9E (range is E or W), 20 acres”

Identifying Property Boundaries

SE1/4NW1/4 , Sec 21, T2N, R3W

Evolution of Plat Maps

• Original plat map of a town

• Note no roads, but water features

• Used for original land claims

Evolution of Plat Maps

• Moderate division

• Still large parcels

Evolution of Plat Maps

• Modern plat map

• Unique section lines…

• Extensive land division

Identifying Property BoundariesHistoric section or ¼ section corner

markers:

Find the corner post

Find the corner post

Find the corner post

Find the corner post

Find the corner post

Find the corner post

Find the corner post

When Should a Property be Surveyed?

• Property is divided for sale

• Sale, purchase or mortgage

• Property improvements planned or to be developed

• Burning desire to find corners…

• When regulations or programs require a survey and map

• When location of boundaries or corners is uncertain

• When trespass or encroachment is evidenced or suspected.

When Should a Property be Surveyed?

Surveys can:

– Locate ownership boundaries

– Establish property corners

– Locate parcel improvements

–Create a map with parcel legal description

–Create a map filed or recorded with county

What will a survey do or show?

How is a Survey Obtained?

• Must be performed by a Registered Land Surveyor

• Phonebook, by reputation, or Wisconsin Society of Land Surveyors

• Ensure surveyor is licensed (wsls.org)

Survey Cost

Depends on:

• Previous surveys-of-record

• Condition of record

• Land terrain

• Weather

• Complexity of survey (e.g. finding or replacing monuments/corners, marking lines, etc.)

Notes on Access to Land

Access to land not guaranteed

Ensure you have access when purchasing

Landlocked parcels

– Written easement (best)

– Good will of neighbor (might change)

– Prescriptive easement (costly legal process)

– Town board condemns right-of-way (unlikely)

Final note on boundaries

Good idea to walk your property lines at least once a year

Laws

• Wisconsin’s trespass law:

– State Statute 943.13

–Revised in 1996

• Recreational Use Statute

– State Statute 895.52

• Fence Law

–Chapter 90For more information:

Woodland Management (WWOA) Fall 2000 issue

Photo by Matthew Davis

Trespass Law (943.13)

Trespassing is:

• entering enclosed or cultivated land

• to use the land

• without permission.

• Entering with a vehicle without permission is also trespassing.

• These actions constitute trespass even if the land is not posted.

Trespass Law (943.13)

• 1996 Revision

• Shifts responsibility onto recreationists to check first

• Not required to post “No Trespassing”

• Or identify your property boundaries…

• Unless your land is surrounded by or borders public lands

What to do in cases of trespass

• Ignorance of the law is not a defense

• Call the county sheriff

• For hunters:

– If a shot deer runs onto an adjacent property

– If can’t locate the owner or can’t get permission to pursue

• AKA- “Berry picker law”

• Limits private landowners’ liability

• Landowners do not have a duty to:

– inspect the property,

– keep it safe, or

– give warning of an unsafe condition.

Recreational Use Statute (895.52)

You can be liable if you:

1. Allow access and don’t disclose a known hazard or create one.

2. Accept more than $2,000 in compensation

3. Invite guests expressly and individually for a specific occasion.

*Because of these exclusions, liability insurance is still recommended

Recreational Use Statute (895.52)

On private, Managed Forest Law lands:

• Although not required, courtesy to ask permission

• Allowable recreation on open MFL land

-hunting -hiking

-fishing -sight-seeing

-cross-country skiing

Other activities permissible only by consent.

Recreational Use Statute (895.52)

Fencing Issues for Woodlot Owners

• When is a fence required?

• Who pays?

• What is a legal fence?

• Procedure to resolve disputes

WARNINGS !

• Fences are not boundaries!

• Nobody wants to pay for a surveyor!

• Woodlot owners may need to build fences!

Fence Law

• Chapter 90

–Old law with very few updates

– “common sense” approach

–Used now more than ever

–2008 challenge: woodlot owners

When is a fence required?

• If either property is used for:

– grazing

– farming

• Neighbors may mutually agree to not have a fence.

• YES, if you have woods and your neighbor has livestock, a fence is required

How is a fence divided between neighbors?

• “Partition”– Legal term– Divided evenly- you pay for

half the fence• Neighbors may agree

otherwise– In writing, filed with town

clerk– Previous oral agreements

not binding on present owner

“Legal Fence”• Lots of choices:

– Woven wire – Woven wire with barbed or high tensile wire– Board – Board and wire– Wire and picket– Barbed wire– High tensile wire– Electric (both agree in writing, 2 wires)– Other

Resolving disputes

• Significant room for interpretation– Water may be fence

– Shallow water

• Allow recreational use

• Fence viewers resolve disputes

• Town Boards often mediate

FARM A – Fence responsibility

NNNNNNNAAAAAAAAAAAA

A N

A N

A N

N A

N A

N FARM A A

AAAAAAAAAAAAAAAAAAAAAA

road-road-road-road-road-road-road

Rule of Thumb-“Whenever practicable…when facing a farm, going around the farm to the right, the first one-half of the line fence belongs to the farm faced.”

Moral of the story

• Good fences make good

neighbors

More resources

• www.slideshare.net/jexo

• DNR Publications

– 10 Ways to Protect Your Woodland Property

• UW-Extension Publications

– Wisconsin’s Recreational Use Statute

– Learningstore.uwex.edu

Questions?

Paul Kloppenburg, 608-355-4476

John Exo, 608-355-3554

A Word About Timber Theft

• Harvesting across the property line

• Cutting unmarked timber

• Skimming off the top

• Under-reporting timber volume

• False reporting of a species

• Failure to accurately report volume

• Failure to report all deliveries

• Falsifying mill slips

• Stealing from log decks