CHAPTER 706
CONVEYANCES OF REAL PROPERTY; RECORDING; TITLES
706.001 Scope and construction.
706.02 Formal requisites.
706.03 Agents, officers and guardians.
706.05 Formal requisites for record.
706.055 Register of mineral rights.
706.057 Lapse and reversion of interests in minerals.
706.07 Uniform law on notarial acts.
706.08 Nonrecording, effect.
706.09 Notice of conveyance from the record.
706.095 Interspousal remedies.
706.10 Forms, construction.
706.105 Applicability of general transfers at death provisions.
706.11 Priority of certain mortgages, trust funds.
706.12 Uniform vendor and purchaser risk act.
706.14 Transitional and curative provisions.
706.15 Liens against public officials or employees.
706.20 Disclosure duty; immunity for providing notice about the sex offender registry.
706.001
706.001
Scope and construction. 706.001(1)
(1) Subject to the exclusions in
sub. (2), this chapter shall govern every transaction by which any interest in land is created, aliened, mortgaged, assigned or may be otherwise affected in law or in equity.
706.001(2)
(2) Excluded from the operation of this chapter are transactions which an interest in land is affected:
706.001(2)(c)
(c) By lease for a term limited to one year or less; or by contract or option to lease for such period which postpones the commencement of the agreed lease to a time not later than 60 days after the date of the contract or option; or by assignment, modification or termination of lease when, at the time such assignment, modification or termination is made, the unexpired term is limited to one year or less, and remains so limited under the lease as modified; except that instruments relating to such excluded transactions, if in recordable form, shall be entitled to record.
706.001(3)
(3) This chapter shall be liberally construed, in cases of conflict or ambiguity, so as to effectuate the intentions of parties who have acted in good faith.
706.001 History
History: 1999 a. 85 ss.
135,
138.
706.01
706.01
Definitions. In this chapter:
706.01(4)
(4) "Conveyance" means a written instrument, evidencing a transaction governed by this chapter, that satisfies the requirements of
s. 706.02.
706.01(5)
(5) "Conveyance of mineral interests" means any transaction under
s. 706.001 (1) entered into for the purpose of determining the presence, location, quality or quantity of metalliferous minerals or for the purpose of mining, developing or extracting metalliferous minerals, or both. Any transaction under
s. 706.001 (1) entered into by a mining company is rebuttably presumed to be a conveyance of mineral interests.
706.01(6)
(6) "Grantor" means the person from whom an interest in lands passes by conveyance, including, without limitation, lessors, vendors, mortgagors, optionors, releasors, assignors and trust settlors of interest in lands, and "grantee" means the person to whom the interest in land passes. Whenever consistent with the context, reference to the interest of a party includes the interest of the party's heirs, successors, personal representatives and assigns.
706.01(7)
(7) "Homestead", as used in this chapter, means the dwelling, and so much of the land surrounding it as is reasonably necessary for use of the dwelling as a home, but not less than one-fourth acre, if available, and not exceeding 40 acres.
706.01(7m)
(7m) "Interest in minerals" means any fee simple interest in minerals beneath the surface of land that is:
706.01(7m)(a)
(a) Separate from the fee simple interest in the surface of the land; and
706.01(7m)(b)
(b) Created by an instrument transferring, granting, assigning or reserving the minerals.
706.01(8)
(8) "Metalliferous minerals" means naturally occurring minerals containing metal.
706.01(8m)
(8m) "Mineral" means a naturally occurring substance recognized by standard authorities as mineral, whether metalliferous or nonmetalliferous.
706.01(9)
(9) "Mining company" means any person or agent of a person who has a prospecting or mining permit under
s. 293.45 or
293.49.
706.01(10)
(10) "Signed" includes any handwritten signature or symbol on a conveyance intended by the person affixing or adopting the signature or symbol to constitute an execution of the conveyance.
706.01 Annotation
The doctrine of part performance is not an "operation of law" under sub. (2) (a) that excludes the application of ch. 706 to a transaction. Wyss v. Albee,
183 Wis. 2d 245,
515 N.W.2d 517 (Ct. App. 1994).
706.02
706.02
Formal requisites. 706.02(1)(1) Transactions under
s. 706.001 (1) shall not be valid unless evidenced by a conveyance that satisfies all of the following:
706.02(1)(c)
(c) Identifies the interest conveyed, and any material term, condition, reservation, exception or contingency upon which the interest is to arise, continue or be extinguished, limited or encumbered; and
706.02(1)(d)
(d) Is signed by or on behalf of each of the grantors; and
706.02(1)(e)
(e) Is signed by or on behalf of all parties, if a lease or contract to convey; and
706.02(1)(f)
(f) Is signed, or joined in by separate conveyance, by or on behalf of each spouse, if the conveyance alienates any interest of a married person in a homestead under
s. 706.01 (7) except conveyances between spouses, but on a purchase money mortgage pledging that property as security only the purchaser need sign the mortgage; and
706.02(1)(g)
(g) Is delivered. Except under
s. 706.09, a conveyance delivered upon a parol limitation or condition shall be subject thereto only if the issue arises in an action or proceeding commenced within 5 years following the date of such conditional delivery; however, when death or survival of a grantor is made such a limiting or conditioning circumstance, the conveyance shall be subject thereto only if the issue arises in an action or proceeding commenced within such 5-year period and commenced prior to such death.
706.02(2)
(2) A conveyance may satisfy any of the foregoing requirements of this section:
706.02(2)(a)
(a) By specific reference, in a writing signed as required, to extrinsic writings in existence when the conveyance is executed; or
706.02(2)(b)
(b) By physical annexation of several writings to one another, with the mutual consent of the parties; or
706.02(2)(c)
(c) By several writings which show expressly on their faces that they refer to the same transaction, and which the parties have mutually acknowledged by conduct or agreement as evidences of the transaction.
