CHAPTER 706
CONVEYANCES OF REAL PROPERTY; RECORDING; TITLES
706.01 Scope, definitions, 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.
706.11 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 employes.
706.01
706.01
Scope, definitions, construction. 706.01(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.
706.01(2)
(2) Excluded from the operation of this chapter are transactions which an interest in land is affected:
706.01(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.
706.01(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.
706.01(4)
(4) A "conveyance" is a written instrument, evidencing a transaction governed by this chapter, which satisfies the requirements of
s. 706.02.
706.01(5)
(5) "Conveyance of mineral interests" means any transaction under
sub. (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
sub. (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 and includes, without limitation, lessors, vendors, mortgagors, optionors, releasors, assignors and trust settlors of interest in lands. "Grantee" means the person to whom such interest 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 which 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 same 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) which excludes the application of ch. 706 to a transaction. Wyss v. Albee, 183 W (2d) 245, 515 NW (2d) 517 (Ct. App. 1994).
706.02
706.02
Formal requisites. 706.02(1)(1) Transactions under
s. 706.01 (1) shall not be valid unless evidenced by a conveyance which:
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.
706.02 History
History: 1971 c. 211 s.
126;
1977 c. 177.
706.02 Annotation
Under 235.01 (2), Stats. 1967, there can be no waiver of the necessity of a wife's joining in a deed of a homestead and no finding of agency of the husband will sustain the deed. Wangen v. Leum, 46 W (2d) 60, 174 NW (2d) 266.
706.02 Annotation
A deed which does not express the consideration held incomplete where there was no evidence of an agreement as to what the consideration was. Johnson v. Mielke, 49 W (2d) 60, 181 NW (2d) 503.
706.02 Annotation
In pleading a contract which is subject to the statute of frauds it is not necessary to allege facts to establish that the contract complies with the statute or is within its exceptions. Ritterbusch v. Ritterbusch, 50 W (2d) 633, 184 NW (2d) 865.
706.02 Annotation
An option to purchase land must be in writing and cannot be modified orally, but a seller may orally agree to accept payment in full rather than in instalments. Kubnick v. Bohne, 56 W (2d) 527, 202 NW (2d) 400.
706.02 Annotation
The 4 elements of the test of undue influence to set aside a will are also applicable in order to void an inter vivos transfer. Ward v. Ward, 62 W (2d) 543, 215 NW (2d) 3.
706.02 Annotation
Standing alone, an added provision in a 30-day option agreement to purchase real estate did not comply with the statute of frauds. Edlebeck v. Barnes, 63 W (2d) 240, 216 NW (2d) 551.
706.02 Annotation
An oral contract for the conveyance of an interest in land is void unless there is a memorandum that conforms to the statute of frauds. Trimble v. Wis. Builders, Inc. 72 W (2d) 435, 241 NW (2d) 409.
706.02 Annotation
Where contract for sale of land with indefinite description is taken out of statute of frauds by part performance, extrinsic evidence admissible but for statute of frauds may be introduced to provide description. Clay v. Bradley, 74 W (2d) 153, 246 NW (2d) 142.
706.02 Annotation
Question under (1) (b) whether property boundaries are identified to a reasonable certainty is for the jury to determine with the aid of all competent extrinsic evidence. Zapuchlak v. Hucal, 82 W (2d) 184, 262 NW (2d) 514.
706.02 Annotation
Homestead defense under 706.02 (1) (f) is not defeated by 706.04, but tort claim may exist against signing spouse who misrepresents non-signing spouse's acquiescence. Glinski v. Sheldon, 88 W (2d) 509, 276 NW (2d) 815 (1979).
706.02 Annotation
Defense of statute of frauds is waived if not raised in trial court. Hine v. Vilter, 88 W (2d) 645, 277 NW (2d) 772 (1979).
706.02 Annotation
Mortgage fraudulently executed by use of forged signature of one grantor was wholly void. State Bank of Drummond v. Christophersen, 93 W (2d) 148, 286 NW (2d) 547 (1980).
706.02 Annotation
Where contract for sale of land and personalty is not divisible, contract is entirely void if this section is not satisfied. Spensley Feed v. Livingston Feed, 128 W (2d) 279, 381 NW (2d) 601 (Ct. App. 1985).
706.02 Annotation
The homestead signature requirement of sub. (1) (f) must be waived affirmatively by actual signing of the mortgage; failure to plead as an affirmative defense did not constitute waiver. Weber v. Weber, 176 W (2d) 1085, 501 NW (2d) 413 (1993).
706.02 Annotation
The statute of frauds does not bar a tort action for intentional misrepresentation. Winger v. Winger, 82 F (3d) 140 (1996).
706.03
706.03
Agents, officers and guardians. 706.03(1)(a)
(a) "Private corporation" means a corporation other than a public corporation.
706.03(1)(b)
(b) "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.
706.03(1m)
(1m) 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.
706.03(2)
(2) 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.
706.03(3)
(3) 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.
706.03(4)
(4) 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).
706.03 Annotation
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).
706.04
706.04
Equitable relief. 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:
