In all actions relating to real property the court may by order give any party thereto leave to make any survey of any premises affected by such action, or of any boundary line of such premises, or between the lands of any of the parties and the lands of other persons, when satisfied that such survey is necessary or expedient to enable either party to prepare that party’s pleadings in the action. The order for such survey shall specify the premises or boundary lines to be surveyed, and a copy thereof shall be served upon the owner or occupant before any entry is made to make such survey. After such service the party obtaining such order may, with the necessary surveyors and assistants, enter the premises specified in such order at any reasonable time and make such survey without being liable to any action therefor except for injury or damages unnecessarily caused thereby.
840.12.Survey may be ordered.
Ch. 840: Real Property Actions; General Provisions · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 840.12 lets a court authorize a party to survey the property or a disputed boundary line when doing so will help prepare pleadings, as long as the order is served on the owner or occupant before anyone enters, and it shields the surveying party from liability except for unnecessary damage.
Full Text of Section 840.12
Plain-English Summary
Section 840.12 gives a court a tool for resolving factual uncertainty before pleadings are even filed. In actions relating to real property, the court may, by order, give a party leave to survey the premises affected by the action, any boundary line of those premises, or the boundary between the parties’ land and other people’s land, when the court is satisfied that survey is necessary or expedient to let a party prepare their pleadings. The order must specify which premises or boundary lines are to be surveyed.
Before anyone sets foot on the land, a copy of the order must be served on the owner or occupant. Only after that service may the party obtaining the order, along with the necessary surveyors and assistants, enter the specified premises at a reasonable time to conduct the survey. Entering under a properly served order does not expose the party to liability, except for injury or damage caused unnecessarily in the process.
Frequently Asked Questions
Can a party get Wisconsin court permission to survey disputed land before filing pleadings?
Yes, if the court is satisfied the survey is necessary or expedient to let a party prepare their pleadings.
Does the property owner get notice before the survey happens?
Yes. A copy of the order must be served on the owner or occupant before any entry is made to conduct the survey.
Can the surveying party be sued for entering the land under a court order?
Not for the entry itself; section 840.12 makes them liable only for injury or damage caused unnecessarily.
What must the survey order specify?
The premises or boundary lines to be surveyed.
Can this section be used to survey a boundary between one party’s land and a stranger’s land?
Yes. It covers a boundary line between the lands of the parties and the lands of other persons, not only boundaries between the parties themselves.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 840.12; 1993 a. 486.
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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