(1) Any person claiming an interest in real property may maintain an action against any person claiming a conflicting interest, and may demand a declaration of interests.
841.01.Declaration of interest.
Ch. 841: Declaration of Interest in Real Property · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 841.01 lets anyone claiming an interest in real property sue a person with a conflicting claim and ask the court to declare where the interests stand, though the remedy does not reach a lessee’s interest in a lease of one year or less.
Full Text of Section 841.01
(2) Subsection (1) does not apply to lessee’s interests in leases of one year or less.
Official Notes
Cross-reference: See s. 840.01 for the definition of “interest in real property.” A review of ch. 841 as a whole shows that the legislature intended for this section to create a cause of action.
Plain-English Summary
Section 841.01 creates the cause of action that chapter 841 is built around. Any person claiming an interest in real property may maintain an action against any person claiming a conflicting interest, and may demand a declaration of interests. The section relies on section 840.01’s broad definition of interest in real property for what counts as a claim worth litigating this way.
The remedy has one limit. Subsection (2) says it does not apply to a lessee’s interest in a lease of one year or less. A short-term tenant’s leasehold interest is not the kind of stake this declaration-of-interest action is meant to sort out.
Frequently Asked Questions
What can I ask a Wisconsin court to do if someone else claims an interest in property that conflicts with mine?
Section 841.01 lets you sue that person and demand a declaration of interests.
Does this remedy apply to a lessee’s interest in a one-year lease?
No. Section 841.01(2) excludes a lessee’s interest in a lease of one year or less.
What about a lessee’s interest in a longer lease, such as five years?
The exclusion applies only to leases of one year or less, so a longer lease does not appear to be excluded on its face.
Where does ’interest in real property’ get its meaning for this section?
From section 840.01’s definition, which chapter 841 draws on.
Who can be sued under this section?
Any person claiming an interest in real property conflicting with the plaintiff’s claimed interest.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 841.01.
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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