Provisional remedies may be granted as appropriate.
840.035.Provisional remedies.
Ch. 840: Real Property Actions; General Provisions · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 840.035 confirms that provisional remedies remain available in a real property action whenever they are appropriate to the case, without listing or limiting which kind applies.
Full Text of Section 840.035
Plain-English Summary
Section 840.035 is a single, open-ended sentence: provisional remedies may be granted as appropriate. It does not name particular remedies or spell out when they apply, leaving that judgment to the court based on what the case in front of it calls for.
Read alongside section 840.03’s list of final remedies and section 840.04’s rule that possession is not required to sue, this section fills the gap for interim relief. A real property case can take time to resolve, and section 840.035 makes clear that the court is not limited to the final remedies chapter 840 lists when something needs to be preserved or restrained while the case is pending.
Frequently Asked Questions
Does Wisconsin law allow for temporary or interim relief while a real property case is pending?
Yes. Section 840.035 states that provisional remedies may be granted as appropriate.
Does this section list which provisional remedies are available?
No. It does not name or limit particular types of provisional remedy, leaving that to what is appropriate to the case.
Who decides what provisional remedy fits a given case under this section?
The court, based on what is appropriate to the circumstances before it.
Does this section replace the final remedies listed in section 840.03?
No. Provisional remedies under section 840.035 are interim relief available while a case is pending, distinct from the final remedies listed in section 840.03.
Is a provisional remedy the same as a remedy granted in the final judgment?
No. A provisional remedy operates while the action is still pending, unlike the remedies granted as part of a final judgment.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 840.035.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: wisconsin provisional remedies real propertytemporary relief real property action wisconsininterim remedy pending real property caseprovisional remedy chapter 840