Detailed Answer
Under Wisconsin law, paying property taxes on real estate does not automatically give you an ownership interest in that property. Property taxes create a lien against the real estate until they are paid (see Wis. Stat. ch. 70), but only the record owner listed in the county land records holds legal title.
If you pay someone else’s taxes without a written agreement, you generally acquire a right to reimbursement from the property owner, not an ownership stake. A county treasurer must collect delinquent taxes and, if necessary, conduct a tax sale under Wis. Stat. ch. 75. A purchaser at that sale may receive a tax certificate and, after the statutory redemption period, could potentially obtain title. However, merely paying the taxes outside of the tax‐sale process does not grant you title or an equitable interest.
Another path to ownership is adverse possession. In Wisconsin, someone who occupies property openly, continuously, exclusively and hostilely for at least 20 years may acquire title by adverse possession (Wis. Stat. § 893.25). Simply paying property taxes—without the required possession and use—will not satisfy the elements of adverse possession.
To protect both your interests and the owner’s rights, always use a written agreement if you contract to pay taxes in exchange for any ownership or lien interest. That agreement can specify reimbursement terms, shares of ownership or steps to transfer title.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.
Helpful Hints
- Review the recorded deed to confirm the legal owner’s name.
- Get any tax‐payment agreement in writing, specifying fees and title rights.
- Understand that paying taxes creates a lien for reimbursement, not ownership.
- Explore tax‐sale procedures in Wis. Stat. ch. 75 if you want to acquire title through delinquency.
- Consider adverse possession only if you meet all statutory requirements under Wis. Stat. § 893.25.