AB583: Bill Text

AB583, s. 14 Section 14. 59.43 (9) (title) of the statutes is amended to read:

AB583,7,11 59.43 (9) (title) General index; electronic data processing Real estate records index.

AB583, s. 15 Section 15. 59.43 (9) (a) 1. (intro.) of the statutes is amended to read:

AB583,7,16 59.43 (9) (a) 1. (intro.) A register of deeds shall keep a general maintain an index, each page of which shall be divided into 9 columns, with heads to the respective columns as follows for the real estate record series that contains at least all of the following:

AB583, s. 16 Section 16. 59.43 (9) (a) 1. a. of the statutes is amended to read:

AB583,7,19 59.43 (9) (a) 1. a. Number of the instrument that is consecutive and unique within the record series.

AB583, s. 17 Section 17. 59.43 (9) (a) 1. b. of the statutes is amended to read:

AB583,7,21 59.43 (9) (a) 1. b. Time and date of the instrument's reception acceptance.

AB583, s. 18 Section 18. 59.43 (9) (a) 1. g. of the statutes is amended to read:

AB583,7,23 59.43 (9) (a) 1. g. Volume and page where the instrument is recorded or filed.

AB583, s. 19 Section 19. 59.43 (9) (a) 1. h. of the statutes is amended to read:

AB583,8,2 59.43 (9) (a) 1. h. To whom the instrument is delivered, unless the document is kept on file.

AB583, s. 20 Section 20. 59.43 (9) (a) 2. of the statutes is repealed and recreated to read:

AB583,8,5 59.43 (9) (a) 2. The index shall be accessible and searchable by at least all of the following means:

AB583,8,6 a. Name of the grantor.

AB583,8,7 b. Name of the grantee.

AB583,8,9 c. Document number, or volume and page where the instrument is recorded or filed.

AB583,8,10 d. By tract of land parcel if the county has a tract index.

AB583, s. 21 Section 21. 59.43 (9) (b) of the statutes is repealed and recreated to read:

AB583,8,15 59.43 (9) (b) In the case of assignments, satisfactions and partial releases of mortgages, and subordination of mortgages, the index shall also contain the document number or volume and page of the original mortgage instrument whenever that original mortgage instrument is referenced on the document.

AB583, s. 22 Section 22. 59.43 (9) (c) of the statutes is created to read:

AB583,8,18 59.43 (9) (c) With regard to affidavits of corrections of filed documents, the register shall include at least one of the following notations on the filed document:

AB583,8,19 1. The document number of the affidavit of correction.

AB583,8,21 2. The volume and page number where the affidavit of correction is filed, and the date when the affidavit is filed.

AB583, s. 23 Section 23. 59.43 (10) of the statutes is repealed.

AB583, s. 24 Section 24. 59.43 (11) (intro.) of the statutes is renumbered 59.43 (11) and amended to read:

AB583,9,6 59.43 (11) Record of attachments, lis pendens, etc. A register of deeds shall file or record, and index in the real estate records index, every writ of attachment or certified copy of such a writ and certificate of real estate attached, every certificate of sale of real estate, and every notice of the pendency of an action affecting real estate, which may be filed or recorded in the register's office. The register of deeds shall maintain an index for these documents that provides all of the following:

AB583, s. 25 Section 25. 59.43 (11) (a), (b) and (c) of the statutes are repealed.

AB583, s. 26 Section 26. 59.43 (12m) (title) and (a) (intro.) of the statutes are amended to read:

AB583,9,13 59.43 (12m) (title) Tract index system ; power to alter. (a) (intro.) The board by ordinance may require the register of deeds to keep a tract index in any one of the following forms, as specified by the board such that records containing valid descriptions of land may be searched by all of the following:

AB583, s. 27 Section 27. 59.43 (12m) (a) 1. of the statutes is repealed and recreated to read:

AB583,9,16 59.43 (12m) (a) 1. Quarter-sections of land within the county, the boundaries of which refer to the public land survey system.

AB583, s. 28 Section 28. 59.43 (12m) (a) 2. of the statutes is repealed and recreated to read:

AB583,9,18 59.43 (12m) (a) 2. Recorded and filed certified survey map and lot number.

AB583, s. 29 Section 29. 59.43 (12m) (a) 3. of the statutes is repealed and recreated to read:

AB583,9,21 59.43 (12m) (a) 3. Recorded and filed plat, by name and lot, block, outlot, unit or other valid subunit within the plat, according to the description of the land.

AB583, s. 30 Section 30. 59.43 (12m) (bm) of the statutes is repealed.

AB583, s. 31 Section 31. 59.43 (12m) (c) of the statutes is repealed and recreated to read:

AB583,9,25 59.43 (12m) (c) If the board determines that a tract index system is unfit for use, the board may, by resolution, establish a new and corrected tract index. Any person who is authorized by the board to compile the new tract index shall have access to the old tract index and any other county records that may assist the person in compiling the new tract index. Upon completion, and approval by the board, of the new tract index system, the old tract index system shall be preserved as provided in s. 59.52 (3) (b). The resolutions of the board ordering, approving and adopting the new tract index systems, certified by the clerk, shall be recorded in each volume of the new tract index system and upon the resolution of the board adopting the new system, such a system is the only lawful tract index system in the register of deeds' office.

AB583, s. 32 Section 32. 59.43 (12m) (d) of the statutes is repealed.

AB583, s. 33 Section 33. 59.73 (1) of the statutes is amended to read:

AB583,10,16 59.73 (1) How bearings expressed in surveys. In all surveys the bearings shall be expressed with reference to a magnetic, true or other identifiable line of the public land survey, recorded or filed subdivision or to the Wisconsin coordinate system. In all cases the reference selected shall be so noted as set forth in s. 59.45 (1) (a) 2. and if magnetic must be retraceable and identifiable by reference to a monumented line.

AB583, s. 34 Section 34. 66.021 (1) (am) 2. of the statutes is amended to read:

AB583,10,20 66.021 (1) (am) 2. If the land is located in a recorded or filed subdivision or in an area subject to a certified survey map, by reference as described in s. 236.28 or s. 236.34 (3).

AB583, s. 35 Section 35. 70.23 (2) of the statutes is amended to read:

AB583,11,3 70.23 (2) When 2 or more lots or tracts owned by the same person are considered by the assessor to be so improved or occupied with buildings as to be practically incapable of separate valuation, the lots or tracts may be entered as one parcel. Whenever any tract, parcel or lot of land has been surveyed and platted and a plat of the platted ground filed or recorded according to law, the assessor shall designate the several lots and subdivisions of the platted ground as the lots and subdivisions are fixed and designated by the plat.

AB583, s. 36 Section 36. 70.27 (3) (b) of the statutes is amended to read:

AB583,11,10 70.27 (3) (b) Notwithstanding par. (a), lands within an assessor's plat that are divided by a subdivision plat that is prepared, approved and recorded or filed in compliance with ch. 236 or a certified survey map that is prepared and recorded or filed in compliance with s. 236.34 shall be described for all purposes with reference to the subdivision plat or certified survey map, as provided in ss. 236.28 and 236.34 (3).

AB583, s. 37 Section 37. 75.521 (3) (am) 1. of the statutes is amended to read:

AB583,11,16 75.521 (3) (am) 1. A brief description sufficient to identify each parcel affected by such tax lien. The description shall state the lot, block and section number of any parcel upon any tract, the plat or map of which is filed or recorded in the office of the register of deeds of such county. If the lands be unplatted an engineer's metes and bounds description shall be a sufficient description.

AB583, s. 38 Section 38. 77.16 (2) of the statutes is amended to read:

AB583,12,4 77.16 (2) The owner of 10 acres or more may file with the department an application setting forth a description of the lands which the owner desires to place under the woodland tax law and on which land the owner will practice forestry. Applications received prior to May 1 each calendar year shall be processed for entry by November 20 of that calendar year. Lands which include an entire quarter-quarter section, fractional lot or government lot as determined by U.S. government survey plat, excluding public roads and railroad rights-of-way that may have been sold, are not eligible for entry. Lands within filed or recorded plats or the incorporated limits of cities or villages are not eligible for entry, but lands subject to a woodland tax law agreement located in a town which incorporates as a city after the agreement was entered into remain in effect. Lands on which an improvement is located having an assessed value in itself are not eligible for entry.

AB583, s. 39 Section 39. 80.38 (1) of the statutes is amended to read:

AB583,12,11 80.38 (1) The town board of any town within which is situated any village or other plat duly certified and filed or recorded and not included within the limits of any incorporated village may make an order to be recorded by the town clerk declaring such streets and alleys in the village or other plat as they deem necessary for the public use to be public highways, without any other survey or description than that made in the filed or recorded plat.

AB583, s. 40 Section 40. 81.11 (5) of the statutes is amended to read:

AB583,12,22 81.11 (5) The town board, upon its own authority and without direction from the annual town meeting, may levy and collect a tax on property located in a filed or recorded plat situated in a town requiring the approval of such town board, and adjoining a private road used by the public located therein, and on property adjoining, where the owner regularly uses such road which is not a portion of any town, county, state or federal highway system, not exceeding 3 mills for each dollar of assessed valuation thereof. The proceeds of such tax shall be expended for the improvement and maintenance of any private roads used by the public located within such filed or recorded plat. The town board shall not expend any of such funds upon a private driveway.

AB583, s. 41 Section 41. 236.02 (9c) of the statutes is created to read:

AB583,12,25 236.02 (9c) "Record" means, with respect to a final plat or a certified survey map, to record or file the document with the register of deeds.

AB583, s. 42 Section 42. 236.02 (10) of the statutes is repealed.

AB583, s. 43 Section 43. 236.34 (3) of the statutes is amended to read:

AB583,13,11 236.34 (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, for all purposes, including assessment, taxation, devise, descent and conveyance, as defined in s. 706.01 (4), described by reference to the number of the survey, lot number, 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) and identified according to the town, range, section and quarter-section, or plat name and lot, block or unit, government lot or private claims from which the certified survey map was made.

AB583, s. 44 Section 44. 703.28 (1m) (b) of the statutes is amended to read:

AB583,13,16 703.28 (1m) (b) Before a certified survey map, condominium plat, subdivision plat or other plat may be recorded or filed, whichever is appropriate, for the same property, the condominium shall first be removed from the provisions of this chapter by recording a removal instrument.

AB583, s. 45 Section 45. 706.05 (2m) (a) of the statutes is amended to read:

AB583,14,2 706.05 (2m) (a) 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 document number or the volume number and page number numbers of any original mortgage or land contract that the document affects.

AB583, s. 46 Section 46. 895.345 (2) (c) of the statutes is amended to read:

AB583,14,5 895.345 (2) (c) An accurate description by lot and block number, if part of a filed or recorded plat, or by metes and bounds of the real estate offered as security.

AB583, s. 47 Section 47. Initial applicability.

AB583,14,8 (1) This act first applies to documents that are recorded, filed or indexed on the effective date of this subsection.

AB583,14,9 (End)