All monuments erected, corners and other points established in the field in their proper places. The material of which the monuments, corners or other points are made shall be noted at the representation thereof or by legend, except lot, outlot and meander corners need not be shown. The legend for metal monuments shall indicate the kind of metal, the diameter, length and weight per lineal foot of the monuments.
All lake or stream shore meander lines established by the surveyor in accordance with s. 236.15 (1) (d)
, the distances and bearings thereof, and the distance between the point of intersection of such meander lines with lot lines and the ordinary high water mark.
A north point properly located thereon identified as referenced to a magnetic, true or other identifiable direction and related to a boundary line of a quarter section, recorded private claim or federal reservation in which the subdivision is located.
When strict compliance with a provision of this section will entail undue or unnecessary difficulty or tend to render the plat or certified survey map more difficult to read, and when the information on the plat or certified survey map is sufficient for the exact retracement of the measurements and bearings or other necessary dimensions, the department or, in 1st class cities, the city engineer may waive such strict compliance.
(3) Name, location and position.
The name of the plat shall be printed thereon in prominent letters, and shall not be a duplicate of the name of any plat previously recorded in the same county or municipality. The following information relating to the position and location of the subdivision shall be shown on the plat:
The location of the subdivision by government lot, recorded private claim, quarter-quarter section, section, township, range and county noted immediately under the name given the subdivision;
The location of the subdivision shall be indicated by bearing and distance from a boundary line of a quarter section, recorded private claim or federal reservation in which the subdivision is located. The monumentation at the ends of the boundary line shall be described and the bearing and distance between them shown.
A small drawing of the section or governmental subdivision of the section in which the subdivision lies with the location of the subdivision indicated thereon or, if approved by the department, a location sketch showing the relationship of the subdivision to existing streets. The drawing or sketch shall be oriented on the sheet in the same direction as the main drawing.
The names of adjoining streets, state highways and subdivisions shown in their proper location underscored by a dotted or dashed line.
Abutting street and state highway lines of adjoining plats shown in their proper location by dotted or dashed lines. The width of these streets and highways shall be given also.
All lands dedicated to public use except roads and streets shall be clearly marked "Dedicated to the Public";
The water elevations of adjoining lakes or streams at the date of the survey and the approximate high and low water elevations of such lakes or streams. All elevations shall be referred to some permanent established datum plane.
(1) Surveyor's certificate of compliance with statute.
The certificate of the surveyor who surveyed, divided and mapped the land giving the following information, which shall have the same force and effect as an affidavit:
A clear and concise description of the land surveyed, divided and mapped by government lot, recorded private claim, quarter-quarter section, section, township, range and county; and by metes and bounds commencing with a monument at a section or quarter section corner of the quarter section and not at the center of the section, or at the end of a boundary line of a recorded private claim or federal reservation in which the subdivision is located; or if the land is located in a recorded subdivision or recorded addition thereto, then by the number or other description of the lot, block or subdivision thereof, which has previously been tied to a corner marked and established by the U.S. public land survey.
A statement that the plat is a correct representation of all the exterior boundaries of the land surveyed and the subdivision of it;
As a condition to approval of the plat, the municipal, town or county body required by s. 236.12
to approve the plat may require that the owner furnish an abstract of title certified to date of submission for approval or, at the option of the owner, a policy of title insurance or certificate of title from an abstract company for examination in order to ascertain whether all parties in interest have signed the owner's certificate on the plat.
The register of deeds shall not accept a plat for record unless:
It is on muslin-backed white paper 22 inches wide by 30 inches long and bears a department certification of no objection or it is reproduced with photographic silver haloid image on double matt polyester film of not less than 4 mil thickness, 22 inches wide by 30 inches long. Seals or signatures reproduced on images complying with this paragraph shall be given the force and effect of original signatures and seals;
The plat is offered for record within 30 days of the date of the last approval of the plat and within 6 months of the first approval;
The plat shows on its face the approval of all bodies required by s. 236.10
to approve or the certificate of the clerk that the plat is deemed approved under s. 236.11 (2)
The recording of a plat which is not entitled to be recorded under sub. (2)
shall not of itself affect the title of a purchaser of a lot covered by the plat, the donation or dedication of land made by the plat, or the validity of a description of land by reference to the plat, but it allows the purchaser a right to rescind the sale under s. 236.31
Every final plat entitled to be recorded under this section shall be bound or filed by the register of deeds into properly indexed volumes. Any facsimile of the original whole record, made and prepared by the register of deeds or under his or her direction shall be deemed to be a true copy of the final plat.
The register of deeds may furnish certified copies or other accurate reproductions of any plat on record in his or her office to surveyors, engineers or other interested parties at cost.
History: 1979 c. 248
, 25 (5)
; 1983 a. 473
Filing of copy of plat.
The subdivider shall file a true copy of the final plat as a public record with the clerk of the municipality or town in which the subdivision is located.
Description of lots in recorded plat.
When a subdivision plat has been recorded in accordance with s. 236.25
, the lots in that plat shall be described by the name of the plat and the lot and block in the plat for all purposes, including those of assessment, taxation, devise, descent and conveyance as defined in s. 706.01 (4)
. Any conveyance containing such a description shall be construed to convey to the grantee all portions of vacated streets and alleys abutting such lots and belonging to the grantor unless the grantor by appropriate language indicates an intention to reserve or except them from the conveyance.
History: 1971 c. 41
; 1983 a. 189
s. 329 (26)
(2) Dedications to public accepted by approval.
When a final plat of a subdivision has been approved by the governing body of the municipality or town in which the subdivision is located and all other required approvals are obtained and the plat is recorded, that approval constitutes acceptance for the purpose designated on the plat of all lands shown on the plat as dedicated to the public including street dedications.
(3) Municipality may lease to a subdivision association land accepted for park.
The municipality or town in which the accepted subdivision is located may lease to a subdivision association any part of the subdivision intended for park purposes where such part has never been improved nor work done thereon nor funds expended therefor by the governing body, but such lease shall not exceed 10 years and shall only be for park improvement purposes.
A complaint against plat subdividers for damages allegedly sustained by a city in the relocation of an electric utility tower situated in the center of a street dedicated as part of a subdivision plat which did not show the existence, location, or easement of a power company's transmission line located in the area platted as a street set forth a cause of action with respect to costs incurred by the city in moving the tower and acquiring a right-of-way for its relocation in order to eliminate a hazard to traffic before the street could be developed. Kenosha v. Ghysels, 46 W (2d) 418, 175 NW (2d) 223.
Certain restrictions void. 236.292 History
History: 1991 a. 39
; 1993 a. 414
Restrictions for public benefit.
Any restriction placed on platted land by covenant, grant of easement or in any other manner, which was required by a public body or which names a public body or public utility as grantee, promisee or beneficiary, vests in the public body or public utility the right to enforce the restriction at law or in equity against anyone who has or acquires an interest in the land subject to the restriction. The restriction may be released or waived in writing by the public body or public utility having the right of enforcement.
History: 1979 c. 248
The hidden dangers of placing easements on plats. Ishikawa. WBB Apr. 1988.
Correction instruments may be recorded in the office of the register of deeds in the county in which the plat or certified survey map is recorded and may include:
Affidavits to correct distances, angles, directions, bearings, chords, block or lot numbers, street names or other details shown on a recorded plat or certified survey map; and
Ratifications of a recorded plat or certified survey map signed and acknowledged in accordance with s. 706.07
Each affidavit in sub. (1) (a)
correcting a plat shall be approved prior to recording by the governing body of the municipality or town in which the subdivision is located. The register of deeds shall note on the plat or certified survey map a reference to the page and volume in which the affidavit or instrument is recorded. The record of the affidavit or instrument, or a certified copy of the record, is prima facie evidence of the facts stated in the affidavit or instrument.
History: 1971 c. 41
; 1979 c. 248
PENALTIES AND REMEDIES
History: 1979 c. 248
s. 25 (5)
Any subdivider or the subdivider's agent who offers or contracts to convey, or conveys, any subdivision as defined in s. 236.02 (12)
or lot or parcel which lies in a subdivision as defined in s. 236.02 (12)
knowing that the final plat thereof has not been recorded may be fined not more than $500 or imprisoned not more than 6 months or both; except where the preliminary or final plat of the subdivision has been filed for approval with the town or municipality in which the subdivision lies, an offer or contract to convey may be made if that offer or contract states on its face that it is contingent upon approval of the final plat and shall be void if such plat is not approved.
Any conveyance or contract to convey made by the subdivider or the subdivider's agent contrary to this section or involving a plat which was not entitled to be recorded under s. 236.25 (2)
shall be voidable at the option of the purchaser or person contracting to purchase, his or her heirs, personal representative or trustee in insolvency or bankruptcy within one year after the execution of the document or contract; but such document or contract shall be binding on the vendor, the subdivider's assignee, heir or devisee.
Penalty for disturbing or not placing monuments.
Any of the following may be fined not more than $250 or imprisoned not more than one year in county jail:
Any owner, surveyor or subdivider who fails to place monuments as prescribed in this chapter when subdividing land.
Any person who knowingly removes or disturbs any such monument without the permission of the governing body of the municipality or county in which the subdivision is located or fails to report such disturbance or removal to it.
Division of land into small parcels in cities of the first class prohibited; penalty.
It shall be unlawful to divide or subdivide and convey by deed or otherwise any lot in any recorded plat or any parcel or tract of unplatted land in any city of the first class so as to create a lot or parcel of land which does not have street or public highway frontage of at least 4 feet or an easement to a street or public highway of a minimum width of 4 feet but this section shall not apply to conveyances by tax deed or through the exercise of eminent domain or to such reductions in size or area as are caused by the taking of property for public purposes. This section shall not prohibit the dividing or subdividing of any lot or parcel of land in any such city where the divided or subdivided parts thereof which become joined in ownership with any other lot or parcel of land comply with the requirements of this section, if the remaining portion of such lot or parcel so divided or subdivided complies. Any person who shall make such conveyance or procure such a sale or act as agent in procuring such sale or conveyance shall be fined not less than $100 or more than $500 or imprisoned not more than 6 months or both.
Discussion of circumstances under which lots in a recorded subdivision may be legally divided without replatting. 64 Atty. Gen. 80.
Recording of certified survey map; use in changing boundaries; use in conveyancing. 236.34(1)(a)
The survey shall be performed and the map prepared by a land surveyor registered in this state. The error in the latitude and departure closure of the survey may not exceed the ratio of one in 3,000.
The map shall be prepared in accordance with s. 236.20 (2) (a)
and (3) (b)
on a scale of not more than 500 feet to the inch. The map shall be prepared with a binding margin 1.5 inches wide and a 0.5 inch margin on all other sides on durable white paper 8 1/2 inches wide by 14 inches long with nonfading black image or reproduced with photographic silver haloid image on double matt polyester film of not less than 4 mil thickness which is 8 1/2 inches wide by 14 inches long. When more than one sheet is used for any map, each sheet shall be numbered consecutively and shall contain a notation giving the total number of sheets in the map and showing the relationship of that sheet to the other sheets. "CERTIFIED SURVEY MAP" shall be printed on the map in prominent letters with the location of the land by government lot, recorded private claim, quarter-quarter section, section, township, range and county noted. Seals or signatures reproduced on images complying with this paragraph shall be given the force and effect of original signatures and seals.
The map shall include a certificate of the surveyor who surveyed, divided and mapped the land which has the same force and effect as an affidavit and which gives all of the following information:
(3) Use in conveyancing.
When a certified survey map has been recorded in accordance with this section, the parcels of land in the map shall be described by reference to the number of the survey, the volume and page where recorded, and the name of the county, for all purposes, including assessment, taxation, devise, descent and conveyance as defined in s. 706.01 (4)
Sub. (2) requires that certified survey maps be numbered consecutively without dependent reference to ownership, developer or surveyor. 61 Atty. Gen. 34.
Sale of lands abutting on private way outside corporate limits of municipality. 236.35(1)
No person shall sell any parcel of land of one acre or less in size, located outside the corporate limits of a municipality, if it abuts on a road which has not been accepted as a public road unless the seller informs the purchaser in writing of the fact that the road is not a public road and is not required to be maintained by the town or county.
Any person violating this section may be fined not more than $200 or imprisoned not more than 30 days or both.
VACATING AND ALTERING PLATS
Except as provided in s. 70.27 (1)
, replat of all or any part of a recorded subdivision, if it alters areas dedicated to the public, may not be made or recorded except after proper court action, in the county in which the subdivision is located, has been taken to vacate the original plat or the specific part thereof.
A recorded subdivision may be replatted under 236.36 without undertaking the court proceedings set forth in 236.40, 236.41 and 236.42, where the replat complies with the requirements of ch. 236 applicable to original plats and does not alter areas dedicated to the public. 58 Atty. Gen. 145.
Who may apply for vacation of plat.
Any of the following may apply to the circuit court for the county in which a subdivision is located for the vacation or alteration of all or part of the recorded plat of that subdivision:
The county board if the county has acquired an interest in the subdivision or in any lot in the subdivision by tax deed.
How notice given.
Notice of the application for the vacation or alteration of the plat shall be given at least 3 weeks before the application:
By posting a written notice thereof in at least 2 of the most public places in the county; and
By publication of a copy of the notice as a class 3 notice, under ch. 985
By mailing a copy of the notice to the owners of record of all the lots in the subdivision or the part of the subdivision proposed to be vacated or altered at their last-known address.
Hearing and order. 236.42(1)(b)
The court shall not vacate any parts of the plat which have been dedicated to and accepted by the public for public use except as provided in s. 236.43
The vacation or alteration of a plat shall not affect:
Any restrictive covenant applying to any of the platted land.
Vacation or alteration of areas dedicated to the public.
Parts of a plat dedicated to and accepted by the public for public use may be vacated or altered as follows:
The court may vacate streets, roads or other public ways on a plat if:
The plat was recorded more than 40 years previous to the filing of the application for vacation or alteration; and
The land was never in fact developed or utilized by the municipality or town as a public square.
The court may vacate land, in a city, village or town, platted as a public park or playground upon the application of the local legislative body of such city, village or town where the land has never been developed or used by said city, village or town as a public park or playground.
A resolution is passed by the governing body requesting such vacation or alteration.
History: 1993 a. 246
See s. 66.296
for other provisions for vacating streets.
Though dedicated as a street, improvement of land as another public way meets the requirements of sub. (1) (b). A walkway cleared and improved to be conducive to pedestrian traffic is a public way improved in accordance with sub. (1) (b). Application of K.G.R. Partnership, 187 W (2d) 375, 523 NW (2d) 120 (Ct. App. 1994).
The applicant for the vacation or alteration shall record in the office of the register of deeds the order vacating or altering the plat together with the plat showing the part vacated if only part of the plat is vacated or the altered plat if the plat is altered.