(1) If the injury or interference is only to a particular interest, the action may be brought by the owner of that interest without joining other interest-owners as plaintiffs.
844.15.Plaintiffs.
Ch. 844: Interference with Interest; Physical Injury · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 844.15 lets the owner of a particular interest sue alone when only that interest is injured, and lets a person without possession sue only by alleging the possessor refuses to sue and describing the efforts made to induce them to, while joining the possessor as a defendant.
Full Text of Section 844.15
(2) A person claiming injury or interference who does not have possession, may bring an action under this chapter only by alleging that the person with the right to possession refuses to bring the action, and by alleging the efforts which have been made to induce the person with the right to possession to bring the action. The person with right to possession shall be joined as a defendant. This subsection does not apply to actions for waste only.
Plain-English Summary
Section 844.15 sorts out who may bring a chapter 844 action when several people hold different interests in the same property. Subsection (1) keeps things simple in the easy case: if the injury or interference touches only a particular interest, the owner of that interest may sue alone, without joining the owners of other interests in the property.
Subsection (2) handles the harder case — someone who does not have possession wants to sue over an injury to the property. That person may bring the action only by alleging that the person with the right to possession refuses to bring it, and by alleging the efforts made to induce that possessor to sue. The person with the right to possession must then be joined as a defendant, so their position is represented even though they declined to be the plaintiff. This requirement does not apply to actions for waste only, which the chapter treats separately.
Frequently Asked Questions
If only my interest in the property was injured, do I have to get other interest-holders to join my lawsuit?
No. Section 844.15(1) lets the owner of the affected interest sue alone when the injury or interference is only to that particular interest.
I do not have possession of the property, but I want to sue over an injury to it. What do I need to allege?
Section 844.15(2) requires you to allege that the person with the right to possession refuses to bring the action, and to allege the efforts made to induce that person to sue.
Does the person with the right to possession need to be part of my lawsuit if they refuse to sue themselves?
Yes. Section 844.15(2) requires that person to be joined as a defendant.
Does this refusal-and-effort requirement apply to a waste-only lawsuit?
No. Section 844.15(2) states that the subsection does not apply to actions for waste only.
What if several people own different interests but only one interest was harmed?
Section 844.15(1) allows the owner of the affected interest to bring the action without joining owners of the unaffected interests.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 844.15; 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 who can sue for property interferencenon possessory interest holder lawsuit wisconsinjoining possessor as defendant wisconsin844.15 plaintiffs