This chapter shall not authorize the revival or prosecution of any claim to lands which would otherwise be barred by the statute of limitations or by the acquiescence of any party having any such claim.
842.31.Statute of limitations not affected.
Ch. 842: Partition of Interest in Real Property · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 842.31 makes clear that chapter 842 does not revive or authorize prosecution of a claim to land that is already barred by the statute of limitations or by a party’s acquiescence.
Full Text of Section 842.31
Plain-English Summary
Partition offers a remedy for co-owned land, but section 842.31 keeps that remedy from becoming a way around defenses that already apply to a claim. The chapter shall not authorize the revival or prosecution of any claim to lands that would otherwise be barred by the statute of limitations, or by the acquiescence of any party having such a claim.
The section does not create a new limitations period or a new acquiescence rule of its own. It preserves whatever bar already exists outside the chapter, confirming that bringing a partition action does not reset the clock or excuse a party from a claim they have otherwise let lapse.
Frequently Asked Questions
Can chapter 842’s partition procedures revive a land claim that is already time-barred?
No. Section 842.31 says the chapter does not authorize reviving or prosecuting a claim otherwise barred by the statute of limitations.
What about a claim barred by someone’s acquiescence rather than a limitations period?
Also not revived. The chapter does not authorize reviving or prosecuting a claim barred by the acquiescence of the party who holds it.
Does filing a partition action reset the clock on an otherwise stale land claim?
No. Section 842.31 confirms the chapter has no such effect.
Does this section set a new statute of limitations for partition actions?
No. It preserves whatever limitations period or acquiescence bar already applies elsewhere; it does not create a new one.
Why include a section like this in a chapter about partition?
To keep the partition remedy from being used as a way around limitations and acquiescence bars that already apply to claims involving the land.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975).
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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