Smith bought two lots along the shore of Lake Pepin and built a cottage, which he mistakenly…

Smith bought two lots along the shore of Lake Pepin and built a cottage, which he mistakenly extended over the boundary line into a third lot, Parcel X8. Smith cleaned all three lots, seeded X8 with grass, and used it in the sporadic and seasonal manner associated with lakeshore property. Burkhardt had a warranty deed to X8 but did not challenge Smith’s possession for more than twenty years. Now Smith claims title to X8 by adverse possession. Burkhardt argues that the entire parcel was not actually occupied nor was it usually cultivated. Burkhardt also argues that Smith’s possession was not hostile because it was based on a mistaken boundary line and because Smith paid no taxes on X8. Does Smith get title to Parcel X8 by adverse possession? (Burkhardt v. Smith, 17 Wis. 2d 132)

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