Broadway-Wisconsin Investment Co. v. Sentinel Co.

It is contended here that the court erred in holding that the defendant had not acquired by adverse possession and estoppel the right to maintain its encroaching footings and its cornices and moldings. The trial court was clearly right in holding as it did for the reason that such *342possession as the defendant had of the plaintiff’s premises was neither open nor notorious. Ogden v. Straus Bldg. Corp. 187 Wis. 232, 202 N. W. 34; Illinois Steel Co. v. Tamms, 154 Wis. 340, 141 N. W. 1011.

An owner of land is not required, in order to prevent a trespasser from acquiring title thereto, to explore…