844.20.Judgment.
Ch. 844: Interference with Interest; Physical Injury · Last amended 1975 · Last verified July 15, 2026
Full Text of Section 844.20
Plain-English Summary
Section 844.20 describes the judgment available once liability is established for physical injury, interference, or waste. Subsection (1) gives the court broad remedial authority: the judgment shall award the relief, legal or equitable, to which the plaintiff is entitled. The section specifically calls out injunctions against interference, encroachment, physical injury, or waste, and allows damages to be awarded separately from, or in addition to, that injunctive relief.
Subsection (2) adds a direct enforcement mechanism: the judgment may order abatement by the sheriff of any nuisance, structure, or encroachment. Rather than leaving the losing party to remove the offending structure voluntarily, the judgment itself can direct the sheriff to abate it.
Frequently Asked Questions
What relief is available in a chapter 844 judgment beyond money damages?
Section 844.20(1) allows the court to award any legal or equitable relief the plaintiff is entitled to, including enjoining interference, encroachment, physical injury, or waste.
Can I get both an injunction and damages in the same case?
Yes. Section 844.20(1) allows damages to be awarded separately, or in addition to, injunctive relief.
Can the judgment direct the sheriff to physically remove a nuisance or encroachment?
Yes. Section 844.20(2) allows the judgment to order abatement by the sheriff of any nuisance, structure, or encroachment.
Does the court have to choose between an injunction and abatement?
No. Section 844.20 lists injunctive relief in subsection (1) and sheriff abatement in subsection (2) as separate tools the judgment can use, without requiring an either-or choice.
Can waste itself be enjoined under this section, or only damages awarded for it?
Waste can be enjoined. Section 844.20(1) specifically lists waste among the things that may be enjoined, alongside interference, encroachment, and physical injury.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 844.20.