The statute of frauds does not bar a tort action for intentional misrepresentation. Winger v. Winger, 82 F (3d) 140 (1996).
Agents, officers and guardians. 706.03(1)(a)
"Private corporation" means a corporation other than a public corporation.
"Public corporation" means this state, a county, town, city or village in this state, a subunit of the state, county, town, city or village, a special purpose district in this state or any state or municipal authority or similar organization financed in whole or in part by public funds.
A conveyance signed by one purporting to act as agent for another shall be ineffective as against the purported principal unless such agent was expressly authorized, and unless the authorizing principal is identified as such in
the conveyance or in the form of signature or acknowledgment. The burden of proving the authority of any such agent shall be upon the person asserting the same.
Unless a different authorization is recorded under sub. (3)
or is contained in the corporation's articles of incorporation, any one officer of a private corporation is authorized to sign conveyances in the corporate name. The absence of a corporate seal shall not invalidate any corporate conveyance. Public corporations shall authorize and execute conveyances as provided by law.
Any private corporation may, by resolution of its governing board, duly adopted, certified and recorded in the office of the register of deeds of the county in which a conveyance executed by such corporation is to be recorded, authorize by name or title one or more persons, whether or not officers of such corporation, to execute conveyances, either generally or with specified limitation, in the name and on behalf of such corporation. After adoption and recording of such resolution and until recording of a resolution amending or revoking the same, conveyances may be executed on behalf of such corporation only in accordance with the terms thereof.
A conveyance by a minor or incompetent is effective only if executed by an authorized guardian on behalf of such minor or incompetent. In the case of a limited incompetency, such restriction does not apply if an individual has been determined competent to make contracts under s. 880.33 (3)
Where a partner's actions in a transaction on behalf of a partnership fall within the express provisions of s. 178.06 (1), a partner who acts on behalf of the partnership is "an agent of the partnership" and s. 178.06 (1) controls. Where the partner's actions do not fall within those provisions the partner "purports to act as an agent" and s. 706.03 controls. Wyss v. Albee, 193 W (2d) 101, 532 NW (2d) 444 (1995).
A transaction which does not satisfy one or more of the requirements of s. 706.02
may be enforceable in whole or in part under doctrines of equity, provided all of the elements of the transaction are clearly and satisfactorily proved and, in addition:
The deficiency of the conveyance may be supplied by reformation in equity; or
The party against whom enforcement is sought would be unjustly enriched if enforcement of the transaction were denied; or
The party against whom enforcement is sought is equitably estopped from asserting the deficiency. A party may be so estopped whenever, pursuant to the transaction and in good faith reliance thereon, the party claiming estoppel has changed his or her position to the party's substantial detriment under circumstances such that the detriment so incurred may not be effectively recovered otherwise than by enforcement of the transaction, and either:
The grantee has been admitted into substantial possession or use of the premises or has been permitted to retain such possession or use after termination of a prior right thereto; or
The detriment so incurred was incurred with the prior knowing consent or approval of the party sought to be estopped.
History: 1993 a. 486
See note to 178.04, citing In re Estate of Schaefer, 72 W (2d) 600, 241 NW (2d) 607.
In equity action seeking conveyance of farm in accord with oral agreement, where tenants gave up plans to build home on other property, planted crops on farm, and painted interior of farmhouse, trial court properly ordered conveyance under (3). Krauza v. Mauritz, 78 W (2d) 276, 254 NW (2d) 251.
Personal services to vendor in reliance upon oral agreement are not enough, standing alone, to constitute part performance. In Matter of Estate of Lade, 82 W (2d) 80, 260 NW (2d) 665.
Under (3) (a), grantee with knowledge of equitable estoppel against grantor takes title subject to the estoppel. Brevig v. Webster, 88 W (2d) 165, 277 NW (2d) 321 (Ct. App. 1979).
See note to 706.02, citing Glinski v. Sheldon, 88 W (2d) 509, 276 NW (2d) 815 (1979).
Failure to execute document can be cured under this section. "Unclean hands" defense discussed. Security Pac. Nat. Bank v. Ginkowski, 140 W (2d) 332, 410 NW (2d) 589 (Ct. App. 1987).
Section 706.04 does not refer to deficiencies under 706.03. Triple Interest, Inc. v. Motel 6, Inc. 414 F Supp. 589.
Formal requisites for record. 706.05(1)
Subject to s. 59.43 (2m)
, every conveyance, and every other instrument which affects title to land in this state, shall be entitled to record in the office of the register of deeds of each county in which land affected thereby may lie.
Except as different or additional requirements may be provided by law, every instrument offered for record shall:
Bear such signatures as are required by law;
Identify, to the extent that the nature of the instrument permits, and in form and terms which permit ready entry upon the various books and indices publicly maintained as land records of such county, the land to which such instrument relates and the parties or other persons whose interests in such land are affected. Except as provided in sub. (2m)
, identification may be either by the terms of the instrument or by reference to an instrument of record in the same office, naming the place where such record may be found.
Except as provided in par. (b)
, any document submitted for recording or filing that is to be indexed in the real estate records, any document submitted for recording or filing that modifies an original mortgage or land contract and any subordination agreement submitted for recording or filing shall contain the full legal description of the property to which it relates if the document or subordination agreement is intended to relate to a particular parcel of land. The legal description may be included on the document or may be attached to the document. Any such document shall also contain the volume number and page number of any original mortgage or land contract that the document affects.
The requirement of a full legal description under par. (a)
does not apply to:
Descriptions of easements for the construction, operation or maintenance of electric, gas, railroad, water, telecommunications or telephone lines or facilities.
Descriptions of property that is subject to liens granted on property thereafter acquired by a rural electric cooperative, or a telephone cooperative, organized under ch. 185
, by a pipeline company under s. 76.02 (5b)
, by a public utility under s. 196.01 (5)
or by a railroad under s. 195.02 (1)
In addition to the requirements under sub. (2)
, every conveyance of mineral interests offered for record shall:
Fully disclose the terms and conditions of the agreement including both the financial arrangements and the exploration rights. Financial arrangements include the consideration exchanged for the interest in land, terms for payment, optional payments, royalty agreements and similar arrangements. Exploration rights include the conditions and extent of any surface and subsurface rights to the land, options to purchase further interest in the land, options to conduct mining operations and similar arrangements.
Fully disclose the parties including any principal, parent corporation, partner or business associate with an interest in the conveyance. This paragraph shall be interpreted to provide maximum disclosure of any person with an economic interest in the transaction.
Any person who anticipates becoming a party to a number of conveyances of a given form may cause a prototype of such form to be recorded, accompanied by a certificate declaring the intention of the recording party to incorporate the terms of such prototype in future recorded conveyances by reference.
Copies of instruments affecting title to land in this state, authenticated by certificate of any public officer, either of this or any other state or foreign country, in whose office the original is filed or recorded pursuant to law, may be recorded in every case in which the original would be entitled to record under this section.
Except as may otherwise be expressly provided, no instrument shall be denied acceptance for record because of the absence of venue, seals, witnesses or other matter of form.
Every instrument which the register of deeds shall accept for record shall be deemed duly recorded despite its failure to conform to one or more of the requirements of this section, provided the instrument is properly indexed in a public index maintained in the office of such register of deeds and recorded at length at the place there shown.
A duly recorded certificate signed by or on behalf of the holder of record of any mortgage or other security interest in lands, and authenticated as provided by s. 706.06
identifying the mortgage or other interest and stating that the same has been paid or satisfied in whole or in part, shall be sufficient to satisfy such mortgage or other interest of record.
If any mortgage-holder after partial performance of the conditions of the mortgage, whether before or after a breach thereof, unreasonably fails or refuses to execute and record, within 7 days after written request and tender of recording fees, a proper partial satisfaction of the mortgage together with any instruments required to establish of record the right of the mortgagor to satisfy the same, the mortgage-holder is liable to the mortgagor in the sum of $100 penalty damages, plus actual damages occasioned by the failure or refusal.
Unless otherwise requested in writing or unless par. (b)
applies, a mortgage-holder shall execute and record a proper full satisfaction of a mortgage, together with any instruments required to establish of record the right of the mortgagor to satisfy the mortgage, within 30 days after the date on which the mortgagor completes full performance of the conditions of the mortgage.
A mortgage-holder shall execute and record a mortgage satisfaction as required under par. (a)
within 7 days after both the mortgagor completes full performance and the mortgage-holder receives by certified mail a written request from the mortgagor for a full satisfaction.
Any person who violates par. (b)
is liable to the mortgagor for penalty damages of $100 for each day that the violation remains uncorrected, up to a total of $2,000, plus actual damages resulting from the violation. A person may not be held liable for actual damages unless the mortgagor paid the costs that are to be compensated.
A mortgage-holder may charge a mortgagor for the cost of fees paid in recording the satisfaction.
Register of mineral rights.
The register of deeds shall record all conveyances of mineral interests in a register of mineral rights.
History: 1977 c. 253
Lapse and reversion of interests in minerals. 706.057(1)(1)
This section does not apply to an interest in minerals which is owned by the same person who owns the fee simple interest in the surface of the land above the interest in minerals.
(2) Use of an interest in minerals.
In this section, an interest in minerals is used if any of the following occur:
Any minerals are mined in exploitation of the interest in minerals.
A conveyance of mineral interests is recorded under this chapter.
Any other conveyance evidencing a transaction by which the interest in minerals is created, aliened, reserved, mortgaged or assigned is recorded under this chapter.
Property taxes are paid on the interest in minerals by the owner of the interest in minerals.
The owner of the interest in minerals records a statement of claim under sub. (4)
concerning the interest in minerals.
Except as provided in par. (b)
, an interest in minerals lapses if the interest in minerals was not used during the previous 20 years.
An interest in minerals which was not used during the 20-year period prior to July 1, 1984, does not lapse if the interest in minerals is used within 3 years after July 1, 1984.
An interest in minerals which was used during the period from 17 to 20 years prior to July 1, 1984, does not lapse if the interest in minerals is used within 3 years after July 1, 1984.
(4) Statement of claim; recording; requirements.
If the owner of an interest in minerals uses the interest in minerals by recording a statement of claim, the statement of claim shall comply with this subsection. The statement of claim shall contain the name and address of the owner of the interest in minerals, a description of the location and boundary of the interest in minerals and a reference to the recorded instrument which created the interest in minerals. The statement of claim shall be recorded with the register of deeds for the county in which the interest in minerals is located.
(5) Cure of lapse.
The lapse of an interest in minerals under sub. (3)
is cured if the owner of the interest in minerals records a statement of claim complying with all of the requirements of sub. (4)
before the surface owner records a statement of claim under sub. (6) (a)
or before a statement of claim takes effect under sub. (6) (b) 1.
, whichever is later.
(6) Claim of lapsed interest in minerals. 706.057(6)(a)(a)
The owner of the land under which an interest in minerals exists may claim that portion of a lapsed interest in minerals which lies beneath the owner's land by recording a statement of claim. The statement of claim shall contain the name and address of the owner of the land under which the lapsed interest in minerals is located and a description of the land under which the interest in minerals is located. The statement of claim shall be recorded with the register of deeds for the county in which the land is located.
Except as provided in subd. 2.
, a statement of claim which is recorded under par. (a)
before the lapse of the interest in minerals to which the claim applies takes effect when the interest in minerals lapses.
A statement of claim which is recorded under par. (a)
before the lapse of the interest in minerals to which the claim applies is void 6 years after the statement of claim is recorded if the interest in minerals does not lapse within that 6-year period.
(7) Statement of claim; recording; register of deeds' duty.
The register of deeds shall provide copies of the uniform form for statements of claim under subs. (4)
. Upon receipt of a statement of claim under sub. (4)
in the office of the register of deeds, the register of deeds shall record the claim in a manner which will permit the existence of an interest in minerals to be determined by reference to the parcel or parcels of land above the interest in minerals. The claimant shall pay the recording fee under s. 59.43 (2)
The owner of an interest in minerals which is the subject of a claim under sub. (6) (a)
, within 3 years after the claim is recorded with the register of deeds or within 3 years after the claim takes effect as provided under sub. (6) (b) 1.
, whichever is later, may bring an action for a declaratory judgment or declaration of interest on the ownership of the interest in minerals. The action shall be commenced in the circuit court in the county where the interest in minerals is located.
If the court finds that the owner of the interest in minerals used the interest in minerals within the time limits specified under sub. (3)
or that the owner of the interest in minerals recorded a claim under sub. (5)
before the surface owner recorded a claim under sub. (6) (a)
or before the claim took effect as provided under sub. (6) (b) 1.
, whichever is later, the court shall issue a judgment declaring that the interest in minerals is not lapsed.
If the court finds that the owner of the interest in minerals did not use the interest in minerals within the time limits specified under sub. (3)
and did not record the claim under sub. (5)
before the surface owner recorded the claim under sub. (6) (a)
or before the claim took effect as provided under sub. (6) (b) 1.
whichever is later, the court shall issue a judgment affirming the surface owner's claim.
Upon the issuance of a judgment affirming the surface owner's claim or, if no action is brought under par. (a)
, at the end of the 3-year period after the surface owner's claim is recorded or at the end of the 3-year period after the claim takes effect as provided under sub. (6) (b) 1.
, whichever is later, the ownership of the interest in minerals reverts to the owner of the land under which the lapsed interest in minerals is located and title to the interest in minerals is merged with the title to the surface of the land.
(10) Waiver; limitation.
No person may waive or agree to waive the provisions of this section and any waiver or agreement of this type is void.
Under this section owner of surface of land under which mineral rights have lapsed must record claim to lapsed mineral rights in order to foreclose separate mineral rights owner from curing lapse. 79 Atty. Gen. 61
Any instrument may be acknowledged, or its execution otherwise authenticated by its signators, as provided by the laws of this state; or as provided in this section or s. 706.07
Any public officer entitled by virtue of his or her office to administer oaths, and any member in good standing of the state bar of Wisconsin, may authenticate one or more of the signatures on an instrument relating to lands in this state, by indorsing the instrument "Acknowledged", "Authenticated" or "Signatures Guaranteed", or other words to similar effect, adding the date of authentication, his or her own signature, and his or her official or professional title. Such indorsement, unless expressly limited, shall operate as an authentication of all signatures on the instrument; and shall constitute a certification that each authenticated signature is the genuine signature of the person represented; and, as to signatures made in a representative capacity, that the signer purported, and was believed, to be such representative.
Affidavits shall be authenticated by a certificate of due execution of the instrument, executed by a person entitled to administer oaths.