A person claiming an interest in real property and the right, before the time of judgment in the action, to possession of that property, may bring an action for possession except that no such action may be brought to enforce a security interest in real property.
843.01.Action for possession.
Ch. 843: Actions for Possession of Real Property; Damages for Withholding · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 843.01 opens chapter 843 by letting a person who claims both an interest in real property and the right to possess it before judgment bring an action for possession, while barring use of that action to enforce a security interest in real property.
Full Text of Section 843.01
Official Notes
Cross-reference: See s. 840.01 for the definition of “interest in real property.”
Plain-English Summary
Section 843.01 is the entry point for actions to recover possession of real property. Two things must be true for a person to bring the action: the person must claim an interest in the real property, and the person must claim the right, before the time of judgment in the action, to possession of that property. The right to possession has to exist going into the case rather than arising only from winning it.
The section then draws a firm boundary around what this action is for. No action for possession may be brought to enforce a security interest in real property. A person holding a mortgage or other security interest cannot use this possession action as a substitute for whatever process enforces that kind of interest.
An official cross-reference tied to this section points to section 840.01 for the definition of “interest in real property,” so the scope of who can claim under section 843.01 is measured against that definition rather than left open-ended.
Frequently Asked Questions
Who can bring an action for possession under section 843.01?
A person claiming an interest in real property and the right, before the time of judgment in the action, to possession of that property.
Can I use this action to enforce a mortgage or other security interest?
No. Section 843.01 expressly excludes actions brought to enforce a security interest in real property.
What does “interest in real property” mean for this section?
The term is defined in section 840.01, which an official cross-reference to section 843.01 points to.
Do I need to already have a judgment establishing my right to possession before I sue?
No. The right to possession must exist before the time of judgment in the action — it is the basis for bringing the case, not something the judgment alone creates.
Is this action limited to people who hold full ownership of the property?
No. The section refers broadly to a person claiming “an interest in real property,” a term defined in section 840.01, without limiting the action to full title ownership.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 843.01.
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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