840.03(1)
(1) Any person having an interest in real property may bring an action relating to that interest, in which the person may demand the following remedies singly, or in any combination, or in combination with other remedies not listed, unless the use of a remedy is denied in a specified situation:
840.03(1)(b)
(b) Extinguishment or foreclosure of interest of another.
840.03(1)(f)
(f) Specific performance of contract or covenant.
840.03(1)(g)
(g) Judicial sale of property and allocation of proceeds.
840.03(1)(L)
(L) Restraint of another's use of, or activities on, or encroachment upon land in which plaintiff has an interest.
840.03(1)(m)
(m) Restraint of another's use of, activities on, or disposition of land in which plaintiff has no interest; but the use, activity or disposition affect plaintiff's interest.
840.03(1)(n)
(n) Restraint of interference with rights in, on or to land.
840.03(2)
(2) The indication of the form and kind of judgment in a chapter dealing with a particular remedy shall not limit the availability of any other remedies appropriate to a particular situation.
840.03 History
History: 1973 c. 189; Sup. Ct. Order, 67 W (2d) 585, 767 (1975); Stats. 1975 s. 840.03;
1993 a. 486.
840.035
840.035
Provisional remedies. Provisional remedies may be granted as appropriate.
840.035 History
History: 1973 c. 189; Sup. Ct. Order, 67 W (2d) 585, 767 (1975); Stats. 1975 s. 840.035.
840.04
840.04
Possession. No remedy shall be denied on the ground that the plaintiff is not in possession unless a statute specifically requires possession.
840.04 History
History: 1973 c. 189; Sup. Ct. Order, 67 W (2d) 585, 767 (1975); Stats. 1975 s. 840.04.
840.05
840.05
Joinder. Any action proper under
s. 840.03 may be brought in rem or in personam according to appropriate statutes for obtaining jurisdiction. Actions in rem and in personam may be joined.
840.05 History
History: 1973 c. 189; Sup. Ct. Order, 67 W (2d) 585, 767, 782 (1975); Stats. 1975 s. 840.05.
840.06
840.06
Joinder of additional interest-holders. If the court orders that the owner of an interest is a necessary party to an action, the action may not be dismissed, but the plaintiff shall be given leave to join the missing person as plaintiff or defendant.
840.06 History
History: 1973 c. 189; Sup. Ct. Order, 67 W (2d) 585, 767 (1975); Stats. 1975 s. 840.06.
840.07
840.07
Default judgments. No default judgment may be granted unless evidence supporting the court's findings and conclusions is in the record.
840.07 History
History: 1973 c. 189; Sup. Ct. Order, 67 W (2d) 585, 767 (1975); Stats. 1975 s. 840.07.
840.10
840.10
Lis pendens; who may file; effect when void; discharge. 840.10(1)(1) In an action where relief is demanded affecting described real property which relief might confirm or change interests in the real property, after the filing of the complaint the plaintiff shall file in the office of the register of deeds of each county where any part thereof is situated, a lis pendens containing the names of the parties, the object of the action and a description of the land in that county affected thereby. In any action if the defendant asks relief on a counterclaim or cross-complaint, which contains a legal description of the real estate and seeks such relief, after the filing of the counterclaim or cross-complaint the defendant shall file a lis pendens. From the time of such filing every purchaser or encumbrancer whose conveyance or encumbrance is not recorded or filed shall be deemed a subsequent purchaser or encumbrancer and shall be bound by the proceedings in the action to the same extent and in the same manner as if the purchaser or encumbrancer were a party thereto. In any such action in which a lis pendens has been filed, if the party filing the same fails for one year after the filing thereof to serve and file proof of service of the summons or the counterclaim or cross-complaint on one or more of the adverse parties, the lis pendens shall be void, and upon motion and proof the court may order it discharged. Judgment shall not be entered in favor of the party required to file lis pendens until 20 days after the lis pendens has been filed.
840.10(2)
(2) Proceedings for acquiring land by right of eminent domain are actions within the provisions of this section and notice of the pendency thereof may be filed at any time, except as otherwise provided by statute.
840.10(3)
(3) The lis pendens may be discharged upon the condition and in the manner provided by
s. 811.22 for discharging an attachment or by
s. 806.19 (1) (a) for satisfying a judgment. An instrument filed before May 1, 1951, but in accordance with this subsection shall be a discharge of the lis pendens described therein.
840.10(4)
(4) This section applies to all courts in this state, including United States district courts.
840.10 History
History: 1973 c. 189; Sup. Ct. Order, 67 W (2d) 585, 767, 782 (175);
1975 c. 198; Stats. 1975 s. 840.10;
1993 a. 486.
840.10 Annotation
Motion to review judgment on grounds that plaintiff failed to file amended lis pendens was properly denied. Particularly as between the parties, failure to file lis pendens is a minor irregularity. Zapuchlak v. Hucal, 82 W (2d) 184, 262 NW (2d) 514.
840.10 Annotation
Foreign divorce action notice filed with register of deeds of county in which one of foreign litigants owns property was valid lis pendens. Belleville State Bank v. Steele, 117 W (2d) 563, 345 NW (2d) 405 (1984).
840.11
840.11
Highways; parks; record of order. 840.11(1)
(1) Every person who makes an application to any court, county board, common council, or village or town board for laying out, widening, vacating or extending any street, alley, water channel, park, highway or other public place shall, at or prior to the time of filing the same with the proper officer, file a notice of the pendency of such application, containing the person's name and a brief statement of the object thereof and a map and description of the land to be affected thereby in the office of the register of deeds of each county in which any such land is situated. Neglect to comply with these provisions shall render all proceedings based upon such application void, but no order vacating, or proceedings for the vacation of, any street, alley, water channel, park, highway or other public place, made or had before May 25, 1905, shall be void solely by reason of the failure to file such notice of the pendency of such application, map and description.
840.11(2)
(2) No final order, judgment or decree or final resolution or order taking or affecting such land, based upon any application therefor, shall have any effect or be notice to any subsequent purchaser or encumbrancer unless a certified copy thereof, giving a full and accurate description of the land affected thereby, and accompanied with a map showing the location thereof, is recorded in the office of the register of deeds of the county in which the land is situated. A resolution or order made by any such body, whereby any land shall be taken or affected without an application having been made therefor, shall have no effect and shall not be notice to any subsequent purchaser or encumbrancer unless such resolution or order is recorded.
840.11 History
History: 1973 c. 189; Sup. Ct. Order, 67 W (2d) 585, 767 (1975); Stats. 1975 s. 840.11;
1993 a. 486.
840.11 Annotation
The application of this section is not limited to municipalities. Rock Lake Estates Unit Owners Ass'n v. Lake Mills, 195 W (2d) 348, 536 NW (2d) 415 (Ct. App. 1995).
840.12
840.12
Survey may be ordered. In all actions relating to real property the court may by order give any party thereto leave to make any survey of any premises affected by such action, or of any boundary line of such premises, or between the lands of any of the parties and the lands of other persons, when satisfied that such survey is necessary or expedient to enable either party to prepare that party's pleadings in the action. The order for such survey shall specify the premises or boundary lines to be surveyed, and a copy thereof shall be served upon the owner or occupant before any entry is made to make such survey. After such service the party obtaining such order may, with the necessary surveyors and assistants, enter the premises specified in such order at any reasonable time and make such survey without being liable to any action therefor except for injury or damages unnecessarily caused thereby.
840.12 History
History: 1973 c. 189; Sup. Ct. Order, 67 W (2d) 585, 767 (1975); Stats. 1975 s. 840.12;
1993 a. 486.
840.16
840.16
Land sold, where; limitation on sheriff; effect of deed. 840.16(1)(1) Real property adjudged to be sold must be sold in the county where the premises or some part thereof are situated, by the sheriff of that county.
840.16(2)
(2) The sheriff shall not purchase at such sale, or be interested directly or indirectly in any purchase; all sales made contrary to this prohibition are void.
840.16(3)
(3) A deed executed by the sheriff upon such sale shall be effectual to pass the title, rights and interest of the parties in the premises adjudged to be sold and of all purchasers or encumbrancers thereof whose conveyance or encumbrance is made, executed, recorded, perfected or obtained subsequent to the filing of the notice of the pendency of the action in which such real property is adjudged to be sold, unless the judgment otherwise directs.
840.16 History
History: 1973 c. 189; Sup. Ct. Order, 67 W (2d) 585, 767 (1975); Stats. 1975 s. 840.16.
840.17
840.17
Judicial sale; report if sheriff incapacitated. If the sheriff who made a sale of land dies, departs from the state or becomes otherwise incapacitated to report or to execute the deed, such report may be made by the undersheriff, a deputy sheriff, or by any party to the action, by affidavit; and such deed may be executed by the clerk on ex parte order of the court.
840.17 History
History: 1973 c. 189; Sup. Ct. Order, 67 W (2d) 585, 767 (1975); Stats. 1975 s. 840.17.
840.18
840.18
Deeds by sheriffs' successors. In all cases where any sale has been made or is hereafter made by any sheriff under or in pursuance of any order, judgment or decree of any court and the sheriff did not, or does not, before the expiration of the sheriff's term of office, execute a deed to carry the sale into effect, the deed may be executed by the successor of the sheriff in office at the time of the application for the deed, and any deed so executed by any successor of the sheriff making the sale while in office shall have the same effect as though it had been executed by the sheriff making the sale.
840.18 History
History: 1973 c. 189; Sup. Ct. Order, 67 W (2d) 585, 767 (1975); Stats. 1975 s. 840.18;
1993 a. 486.
