59.43(2m)(b)2.
2. The page width is 8.5 inches and the page length is either 11 inches or 14 inches. The maximum deviation from any of these measurements may not exceed 0.25 inch.
59.43(2m)(b)3.
3. A multipage instrument is not hinged or otherwise joined completely at the top or sides.
59.43(2m)(b)4.
4. The names of the grantee and grantor, the return address and the legal descriptions are clear and large enough and dense enough to be reproduced or read by a copy machine and a microfilm camera or optical scanner to the extent that the image captured is legible.
59.43(2m)(b)5.
5. The ink is black or red, except that signatures and coded notations on maps may be other colors.
59.43(2m)(b)6.
6. The top margin of each page is 0.5 inch, except that company logos may appear within this margin if they do not interfere with any of the other requirements of this section.
59.43(2m)(c)
(c) The register of deeds shall provide, upon request, a blank form which a person may complete and use as the first page of an instrument that the person seeks to record. The blank form shall be provided without charge and shall conform to the provisions of
subs. (1) and
(2) [
pars. (d) and
(e)].
59.43(2m)(d)
(d) Subsections (1) and
(2) [
Paragraphs (a) and
(b)] do not apply to any of the following instruments:
59.43(2m)(d)1.
1. Originals or certified copies of documents that are submitted by the state or by a city, village, town or county, or by a subunit or instrumentality of any of the foregoing.
Effective date note
NOTE: Subd. 1. is repealed and recreated eff. 6-1-97 by
1995 Wis. Act 110 to read:
Effective date text
1. Copies of documents that are certified by the state or by a city, village, town or county, or by a subunit or instrumentality of any of the foregoing.
59.43(2m)(e)
(e) Every instrument that the register of deeds accepts for recordation under this section shall be considered recorded despite its failure to conform to one or more of the requirements of this section, if the instrument is properly indexed in a public index maintained in the office of the register of deeds.
59.43 Note
NOTE: The bracketed language indicates the correct cross-references. Corrective legislation is pending.
59.43(3)
(3) Register of deeds; deputies. Every register of deeds shall appoint one or more deputies, who shall hold office at the register's pleasure. The appointment shall be in writing and shall be filed and recorded in the register's office. The deputy or deputies shall aid the register in the performance of the register's duties under the register's direction, and in case of the register's vacancy or the register's absence or inability to perform the duties of the register's office the deputy or deputies shall perform the duties of register until the vacancy is filled or during the continuance of the absence or inability.
59.43(4)
(4) Register of deeds; microfilming and optical disk and electronic storage. 59.43(4)(a)(a) Except as provided in
par. (b), upon the request of the register of deeds, any county, by board resolution, may authorize the register of deeds to photograph, microfilm or record on optical disks or in electronic format records of deeds, mortgages or other instruments relating to real property or may authorize the register of deeds to record on optical disks or in electronic format instruments relating to security interests in accordance with the requirements of
s. 16.61 (7) or
59.52 (14) and to store the original records within the county at a place designated by the board. The storage place for the original records shall be reasonably safe and shall provide for the preservation of the records authorized to be stored under this paragraph. The register of deeds shall keep a photograph, microfilm or optical disk or electronic copy of such records in conveniently accessible files in his or her office and shall provide for examination of such reproduction or examination of a copy generated from an optical disk or electronic file in enlarged, easily readable form upon request. Compliance with this paragraph satisfies the requirement of
sub. (1) (a) that the register of deeds shall keep such records in his or her office. The register of deeds may make certified copies reproduced from an authorized photograph, from a copy generated from optical disk or electronic storage or from the original records.
59.43(4)(b)
(b) The register of deeds may microfilm or record on optical disks or in electronic format notices of lis pendens that are at least one year old, in accordance with the requirements of
s. 16.61 (7) or
59.52 (14) (b) to
(d). The register of deeds shall keep a microfilm or optical disk or electronic copy of notices of lis pendens in conveniently accessible files in his or her office and shall provide for examination of such reproduction or examination of a copy generated from optical disk or electronic storage in enlarged, easily readable form upon request. Compliance with this paragraph satisfies the requirement of
sub. (1) (a) that the register of deeds shall keep such records in his or her office. The register of deeds may make certified copies reproduced from a copy generated from microfilm or from optical disk or electronic storage. The register of deeds may destroy or move to off-site storage any notice of lis pendens that has been microfilmed or recorded on optical disk or in electronic format under this paragraph.
59.43(5)
(5) Including name of person drafting instrument. 59.43(5)(a)(a) No instrument by which the title to real estate, or any interest therein or lien thereon, is conveyed, created, encumbered, assigned or otherwise disposed of shall be recorded by the register of deeds unless the name of the person who, or governmental agency which, drafted such instrument is printed, typewritten, stamped or written thereon in a legible manner. An instrument complies with this subsection if it contains a statement in the following form: "This instrument was drafted by .... (name) ....".
59.43(5)(b)
(b) Paragraph (a) does not apply to an instrument executed before May 9, 1957, or to:
59.43(5)(b)3.
3. An instrument that is executed or acknowledged outside of this state.
59.43(6)
(6) Effect of certain omissions in registers' records. The validity and effect of the record of any instrument in the office of register of deeds shall not be lessened or impaired by the fact that the name of any grantor, grantee, witness or notary was not printed or typed on the instrument or by the fact that it does not comply with
sub. (5).
59.43(7)
(7) Including tax key or parcel identification number. 59.43(7)(a)(a) In counties with a population of 500,000 or more where tax key numbers are used in the tax roll for taxes based on the value of property in municipalities, any conveyance, as defined in
s. 706.01 (4), of any interest in real estate located in such a municipality shall contain reference to the key number affected. The tax key number shall be required for the recording of the conveyance.
59.43(7)(b)
(b) In counties with a population of less than 500,000 where parcel identification numbers are used in the tax roll for taxes based on the value of property in municipalities, any conveyance, as defined in
s. 706.01 (4), of any interest in real estate located in such a municipality shall contain reference to the parcel identification number affected if the county in which the parcel is located enacts an ordinance that requires the use of such a number in a conveyance. The parcel identification number shall be required for the recording of the conveyance, for administrative purposes only, if the county enacts an ordinance under this paragraph.
59.43(8)
(8) Required signature and seal on survey document for filing or recording. It is unlawful for the register of deeds of any county or any proper public authority to file or record a map, plat, survey or other document within the definition of land surveying, which does not have impressed thereon, and affixed thereto, the personal signature and seal of a registered land surveyor under whose responsible charge the map, plat, survey or other document was prepared. This subsection does not apply to any deed, contract or other recordable document prepared by an attorney.
59.43(9)
(9) General index; electronic data processing. 59.43(9)(a)1.1. A register of deeds shall keep a general index, each page of which shall be divided into 9 columns, with heads to the respective columns as follows:
59.43(9)(a)2.
2. The register of deeds shall make correct entries in the index of every instrument or writing received by the register for record, under the respective and appropriate heads, entering the names of the grantors in alphabetical order; and the register shall immediately upon the receipt of any instrument or writing for record enter in the appropriate column, and in the order of time in which it was received, the day, hour and minute of reception; and the same shall be considered as recorded at the time so noted. Wherever a register has made an entry in any index that is required by law to be kept in the register's office, in the index column provided for describing the land affected by the instrument indexed, stating "see record," "see deed," "see mortgage," or other instrument, as the case may be, that entry shall be a sufficient reference to the record of the instrument referred to if it is in fact recorded at large in the place so referred to.
59.43(9)(b)
(b) Whenever a board has established a system of recording and indexing documents by means of electronic data processing, machine printed forms or cards or optical imaging, general alphabetic and numerical indexes without prebound books may be substituted for daily alphabetic and numerical indexes under this subsection or for the index under
sub. (10).
59.43(10)(a)(a) Each register of deeds shall keep an index of all records or files kept in the register's office showing the number of the instrument or writing consecutively, the kind of instrument and where the instrument or writing is recorded or filed, arranged in 3 columns, headed "Number of the instrument", "Kind of instrument" and "Where the instrument is recorded or filed". The 3rd column shall be subdivided into 3 subcolumns headed "Volume", "Page" and "Letters of file".
59.43(10)(b)
(b) Each register of deeds shall also keep another index showing the number of the instrument, the names of the grantees in each instrument or writing in alphabetical order, the names of the grantors, the volume and page where the instrument or writing is recorded and the name of the instrument or writing.
59.43(11)
(11) Record of attachments, lis pendens, etc. A register of deeds shall file or record, and 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:
59.43(11)(a)
(a) Access by the names of each party plaintiff and each party defendant.
59.43(11)(b)
(b) The date and time when the document was filed or recorded.
59.43(11)(c)
(c) The volume or reel number and the page or image number of the document.
59.43(12)
(12) Destruction, transfer of documents; recording, indexing documents. 59.43(12)(a)(a) The board of any county may, upon request of the register of deeds, authorize the destruction of all obsolete documents pertaining to chattels antedating by 6 years, including final books of entry.
59.43(12)(b)
(b) A board may, upon request of the register of deeds, authorize the destruction of all documents pertaining to town mutual insurance companies that were formerly required to be filed under ch.
202, 1971 stats., and that under s.
612.81 no longer have to be filed and all documents pertaining to stock corporations that were formerly required to be recorded under ch.
180, 1987 stats., and that under
ch. 180 no longer have to be recorded. At least 60 days prior to the proposed destruction, the register of deeds shall notify in writing the state historical society which may order delivery to it of any records of historical interest. The state historical society may, upon application, waive the notice.
59.43(12)(d)
(d) In a county where the board has established a system of recording and indexing by means of electronic data processing, machine printed forms or optical disk storage, the process of typing, keypunching, other automated machines or optical imaging may be used to replace any handwritten entry or endorsement as described in this subsection or in
sub. (1). The various documents and indexes may also be combined into a general document file with one numbering sequence and one index at any time. In this subsection and in
sub. (1), "book", if automated equipment is used, may include forms, tab or computer printed sheets as well as cards and other supply forms which although processed separately may be bound after preparation.
59.43(12m)
(12m) Tract index system; power to alter. 59.43(12m)(a)(a) 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:
59.43(12m)(a)1.
1. Suitable books, ruled and arranged so that opposite to the description of each quarter section, sectional lot, city, village or town lot or other subdivision of land in the county, which a convenient arrangement may require to be noted, there shall be a blank space of at least 40 square inches in which the register shall enter in ink the letter or numeral indicating each volume, and the class of records of that volume designating mortgages by the letter M, deeds by the letter D, and miscellaneous by the abbreviation Mis., and the register of attachments, sales and notices by the letter R, together with the page of that volume upon which any deed, mortgage or other instrument affecting the title to or mentioning a tract or any part thereof has been recorded or entered.
59.43(12m)(a)2.
2. An electronic data processing system or a system of machine-printed forms or cards.
59.43(12m)(a)3.
3. Any other system that will allow the register of deeds to keep a tract index which contains information substantially equivalent to the information required to be contained in the tract index system under
subd. 1.
59.43(12m)(b)
(b) No index established under
par. (a) may be discontinued, unless the county establishing the index adopts, keeps and maintains a complete abstract of title to the real estate in the county as a part of the records of the office of the register of deeds of that county.
59.43(12m)(bm)
(bm) In any county with a population of 500,000 or more, the board may, by resolution, adopt a more complete system of tract indices than that above specified, or a system of chain of title indices, if the system is clearly specified in such resolution; and may thereafter at any time before the completion of such system alter or change such system or add to the same by resolution clearly specifying such alterations, changes or additions. In the event of such adoption, said board may contract, with any suitable person, to compile and complete such system of indices, and may make supplemental contracts for the compilation and completion of such alterations, changes and additions, and may levy such taxes as may be required to cover the cost of so doing; said register of deeds shall not be required to compile, install or complete such system of indices or such alterations, changes or additions, but shall after the same be so completed under such contract, or contracts of such board, thereafter maintain and keep up the same; and, thereafter shall discontinue all other tract indices theretofore in use or maintained.
59.43(12m)(c)
(c) If a system of tract indices or a system of chain of title indices is adopted by the board by resolution, and if the resolution provides that the index shall include an abstract or notation of any proceeding or proceedings pending, of any instruments or documents filed or entered in the office of the clerk of any court of the county, the circuit court or the register of probate or of any inclusion of property in a tax certificate issued under
s. 74.57, and calls for a daily report to be made to the register of deeds of the county by any officer in charge of such proceedings, instruments or documents, each office so called upon by the resolution to make a daily report, shall, upon the close of business on each day report, in writing, under his or her hand, to the register of deeds, any and all proceedings, instruments and documents and tax certificates called for by the resolution, and the register shall, when required to maintain and keep up the system of indices, note all the proceedings, instruments and documents and tax certificates upon the indices, in accordance with the resolution.
59.43(12m)(d)1.1. The county board of any county may at any meeting, by resolution, authorize a plan for a new and corrected set of tract indices and order new tract indices arranged and compiled according to the plan whenever, in the judgment of the board, any existing tract index or indices become unfit for use, because of any of the following:
59.43(12m)(d)1.b.
b. An imperfection in or insufficiency of the plan of the existing tract index or indices.
59.43(12m)(d)1.c.
c. The existing tract index or indices having become worn, overcrowded, unserviceable or unreliable for any reason.
59.43(12m)(d)2.
2. The board may purchase suitable books for the new tract indices and may receive bids and contract with any competent person to [the] prepare the new tract indices, at a price not exceeding 5 cents per folio, which shall be paid out of the county treasury on acceptance of the new tract indices by the board.
59.43(12m)(d)3.
3. The person contracting to [the] prepare the new tract indices, and the person's assistants, shall have access to and be entitled to the use of the old tract indices and other records in the register of deeds' office and other county records [the].
59.43(12m)(d)4.
4. When the new tract indices are completed and [the] approved and adopted by the board, the old tract indices shall be preserved as provided in
s. 59.52 (3) (b). The resolutions of the board ordering, approving and adopting the new tract indices, duly certified by the clerk, shall be recorded in each volume of the new tract indices; and thereupon the [the] new tract indices shall become and be the only lawful tract indices in the register of deeds' office.
59.43 Note
NOTE: Par. (d) is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed language was inserted by
1995 Wis. Act 201 and rendered surplusage by the treatment of this provision by
1995 Wis. Act 225. Corrective legislation is pending.
59.43 History
History: 1995 a. 201 ss.
326,
327,
335,
338 to
353,
355,
361,
367,
369,
375,
377 to
380,
382 to
384;
1995 a. 225 ss.
159,
160,
162;
1995 a. 227; s. 13.93 (2) (c).
59.43 Cross-reference
Cross-reference: See s.
779.97 for fees for filing federal liens and releases of liens.
59.43 Annotation
See s. 14.38 (14) for requirement that certain corporate documents must bear the name of the drafter of the instrument before it may be filed by the secretary of state.
59.43 Annotation
The express powers to appoint and discharge deputies under this section are separate from those of the county and not subject to a collective bargaining agreement entered into by the county. Crawford County v. WERC, 177 W (2d) 66, 501 NW (2d) 836 (Ct. App. 1993).
59.43 Annotation
Crawford County v. WERC is restricted to its facts. Deputized employes, apart from the chief deputy, are exempt from the terms of collective bargaining agreements only to the extent that they are managerial or supervisory employes. Eau Claire County v. AFSCME Local 2223, 190 W (2d) 298, 526 NW (2d) 802 (Ct. App. 1994).
59.43 Annotation
Register of deeds does not have authority to correct original recording of deed made by predecessor. 61 Atty. Gen. 189.
59.43 Annotation
Section 59.513 [now s. 59.43 (5)] does not apply unless the instrument affects real estate in the manner described in the statute. 63 Atty. Gen. 594.
59.43 Annotation
In a county maintaining a tract index system, the register of deeds must enter into the index any deed, mortgage or other instrument recorded in his office which affects title to or mentions an indexed tract or any part thereof. 63 Atty. Gen. 254.
59.43 Annotation
Registers of deeds have no obligation to file or record "common-law liens" or "common-law writs of attachment". 69 Atty. Gen. 58.
59.44
59.44
County abstractor; appointment; duties; fees. 59.44(1)(a)(a) Except as provided under
par. (b), whenever any county adopts a tract index system or any recognized chain of title system, the board may create a department to be known as an abstract department, either in connection with or independent of the office of the register of deeds, as the board considers advisable. The county board may appoint a competent person for a term of 2 years, who shall be known as the county abstractor, and shall have charge of and operate the abstract department. The board shall furnish a seal for the abstractor, who shall place the seal on every abstract issued by the abstractor.
59.44 Note
NOTE: Par. (a) is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
59.44(1)(b)
(b) In any county with a county executive or a county administrator, if the county creates an abstract department under
par. (a), the county executive or county administrator shall appoint and supervise the county abstractor. Such appointment shall be subject to confirmation by the board unless the board, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under
s. 59.52 (8) or
ch. 63.
59.44(2)
(2) The register of deeds shall be eligible to hold the office of county abstractor and may hold both offices at the same time.
59.44(3)
(3) The county abstractor shall make and deliver to any person an abstract of title to any land in the county, upon the payment of the required fee.
