The complaint shall describe the real property, the interest of the plaintiff and how the plaintiff acquired the interest, the interest of each person claiming an interest known to be adverse to the plaintiff, including unborn and unknown persons, and demand that the interest of the plaintiff be established against adverse claims.
841.02.Complaint.
Ch. 841: Declaration of Interest in Real Property · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 841.02 spells out what a declaration-of-interest complaint must include: a description of the property, how the plaintiff got their interest, every known adverse claimant’s interest, even unborn or unknown persons, and a demand to establish the plaintiff’s interest against those claims.
Full Text of Section 841.02
Plain-English Summary
Section 841.02 sets the pleading requirements for an action under section 841.01. The complaint must describe the real property at issue, describe the plaintiff’s interest and how the plaintiff acquired it, and describe the interest of each person claiming an interest known to be adverse to the plaintiff. That last requirement reaches further than the named parties already in the case: it includes unborn and unknown persons whose adverse interest is known to exist even if their identity is not.
The complaint must end with a demand that the plaintiff’s interest be established against those adverse claims, which is the relief section 841.01 makes available. Together, these requirements give the defendants, and the court, a full picture of who claims what before the case proceeds.
Frequently Asked Questions
What must a complaint describe under this section?
The real property, the plaintiff’s interest and how the plaintiff acquired it, and the interest of each person claiming an interest known to be adverse to the plaintiff.
Does the complaint need to address unborn or unknown claimants?
Yes. Section 841.02 includes the interests of unborn and unknown persons among the adverse interests that must be described.
Do I need to explain how I got my interest in the property?
Yes. The complaint must describe how the plaintiff acquired the interest, not just what the interest is.
What is the complaint ultimately asking the court to do?
Establish the plaintiff’s interest against the adverse claims described in the complaint.
Does the complaint need to identify everyone with any interest in the property, or only adverse claimants?
Only those claiming an interest known to be adverse to the plaintiff.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 841.02; 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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