No remedy shall be denied on the ground that the plaintiff is not in possession unless a statute specifically requires possession.
840.04.Possession.
Ch. 840: Real Property Actions; General Provisions · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 840.04 stops a court from denying a real property remedy on the ground that the plaintiff lacks possession of the property, unless a statute specifically makes possession a requirement.
Full Text of Section 840.04
Plain-English Summary
Section 840.04 removes a possible obstacle at the threshold of a real property case: the plaintiff’s lack of possession. No remedy is to be denied on the ground that the plaintiff is not in possession, so a person who has never occupied the property can still pursue the remedies chapter 840 makes available based on their interest alone.
The one limit is statutory. If a particular statute specifically requires possession as a condition for the relief sought, that requirement controls and the general rule in section 840.04 gives way to it.
Frequently Asked Questions
Do I need to already possess the property to sue over an interest in it under Wisconsin law?
No, not unless a statute specifically requires possession. Section 840.04 says no remedy is denied on the ground the plaintiff is not in possession.
Can I still get a remedy if I’ve never physically occupied the property?
Generally yes. Section 840.04 removes lack of possession as a ground for denying a remedy, absent a specific statutory possession requirement.
Are there exceptions where possession is required to obtain a remedy?
Yes, when a statute specifically requires possession; in that situation, the statute’s requirement controls.
Does section 840.04 grant a remedy on its own?
No. It removes a possession-based bar to whatever remedy the plaintiff is otherwise entitled to seek.
Does this rule apply broadly across the remedies listed in section 840.03?
Yes. Section 840.04 refers to any remedy, so it applies across the range of remedies available under chapter 840 absent a specific statutory possession requirement.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 840.04.
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
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