In an action in which the plaintiff demands the relief specified in s. 843.09, and in which the defendant makes the allegations specified in that section and in addition alleges that the building is partly on plaintiff’s land and partly on land in which the plaintiff has no interest and that the portion of the building built or encroaching on plaintiff’s land cannot be removed or separated from the remaining portion without serious injury to both parts, the defendant may demand judgment that the plaintiff be required to sell the defendant the land on which such building stands or encroaches, together with such additional land as may be necessary or equitable in the circumstances.
843.10.Counterclaim that plaintiff be required to sell land to defendant.
Ch. 843: Actions for Possession of Real Property; Damages for Withholding · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 843.10 lets a defendant whose building straddles the plaintiff’s and someone else’s land, and cannot be separated without serious injury, counterclaim to force the plaintiff to sell the defendant the encroached-on land and any additional land needed.
Full Text of Section 843.10
Plain-English Summary
Section 843.10 handles a specific, physically awkward situation building on Section 843.09’s improvement counterclaim. It applies when the plaintiff seeks the relief described in Section 843.09 and the defendant has made the good-faith, color-of-title allegations that section requires, plus one more fact: the defendant’s building sits partly on the plaintiff’s land and partly on land the plaintiff has no interest in, and the encroaching portion cannot be removed or separated from the rest of the building without serious injury to both parts.
In that situation, tearing down or relocating the encroaching portion is not a realistic option. Section 843.10 lets the defendant demand a different remedy: a judgment requiring the plaintiff to sell the defendant the land the building stands on or encroaches upon, along with whatever additional land is necessary or equitable under the circumstances.
This forced-sale counterclaim turns what would otherwise be a removal or damages dispute into a property transfer, on the theory that severing the building would cause more harm than requiring the plaintiff to part with the affected strip of land in exchange for its value.
Frequently Asked Questions
Can a defendant force the plaintiff to sell them land where a building encroaches, instead of tearing the building down?
Yes, under Section 843.10, if the building is partly on the plaintiff’s land and partly on land the plaintiff has no interest in, and the encroaching portion cannot be removed without serious injury to both parts.
What has to be true about the building for this forced-sale counterclaim to apply?
The building must sit partly on the plaintiff’s land and partly on other land, and the portion on or encroaching the plaintiff’s land must be incapable of removal or separation from the rest without serious injury to both portions, as required by Section 843.10.
Does the defendant have to meet the same good-faith requirements as an ordinary improvements counterclaim?
Yes. Section 843.10 applies where the defendant has made the allegations specified in Section 843.09, including holding adversely by color of title asserted in good faith.
Can the defendant demand more land than just the footprint of the encroaching building?
Yes. Section 843.10 allows the defendant to demand the land the building stands on or encroaches, together with such additional land as may be necessary or equitable in the circumstances.
What happens if the encroaching part of the building could be removed without serious injury?
Section 843.10’s forced-sale remedy applies specifically when the encroaching portion cannot be removed or separated without serious injury to both parts; the section is framed around that inability to separate the structure.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767, 783 (1975); Stats. 1975 s. 843.10; 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
Also known as: wisconsin forced sale encroaching buildingbuilding straddles property line lawsuit wisconsincounterclaim to buy encroached land wisconsin843.10 encroachment sale