700.23(3)
(3) If land belonging to such cotenants is occupied by one cotenant and not by another, any cotenant not occupying the premises may recover from the occupying cotenant:
700.23(3)(a)
(a) A proportionate share of the reasonable rental value of the land accruing after written demand for rent if the occupying tenant manifests an intent to occupy the premises to the exclusion of the other cotenant or cotenants;
700.23(3)(b)
(b) A proportionate share of the net profits if the occupying cotenant engages in mining, cutting of timber, removal of sand or gravel, or any similar operation resulting in diminution of the value of the premises. In such a case, the occupying cotenant must render an accounting to the other cotenant, showing all receipts and expenditures, and is entitled to deduct a reasonable amount for the value of services provided by the occupying cotenant; but any other cotenant may in the alternative elect to recover that cotenant's proportionate share of the amount which that cotenant can prove would have been received by licensing a 3rd party to carry on the same operation.
700.23(4)
(4) If one cotenant has leased the premises from another cotenant, upon expiration of the lease it is presumed that the cotenant who has leased the premises from the other cotenant continues to hold over as provided in
s. 704.25, unless that cotenant gives to the other cotenant prior to the expiration of the lease a written notice to the contrary, by one of the methods under
s. 704.21.
700.23 History
History: 1971 c. 66;
1991 a. 316.
700.23 Annotation
Sub. (3) does not control all cases in which a nonoccupying cotenant asserts a claim against a cotenant in possession, and does not apply when a tenant has not been ousted from the property. Klawitter v. Klawitter, 2001 WI App 16,
240 Wis. 2d 685,
623 N.W.2d 169.
700.24
700.24
Death of a joint tenant; effect of liens. A real estate mortgage, a security interest under
ch. 409, or a lien under s.
72.86 (2), 1985 stats., or
s. 71.91 (5) (b),
ch. 49 or
779 or rules promulgated under
s. 46.286 (7) on or against the interest of a joint tenant does not defeat the right of survivorship in the event of the death of such joint tenant, but the surviving joint tenant or tenants take the interest such deceased joint tenant could have transferred prior to death subject to such mortgage, security interest or statutory lien.
700.24 Annotation
The docketing of a judgment creates a lien upon the debtor's interest in joint tenancy property, but it does not, without levy and execution, sever the joint tenancy. If the debtor dies following docketing of the judgment, but prior to execution, the surviving joint tenant takes the entire interest in the property free of the judgment lien, as the debtor's interest in the property that was subject to the lien has been extinguished. Northern State Bank v. Toal,
69 Wis. 2d 50,
230 N.W.2d 153 (1975).
700.24 Annotation
A decedent's one-half interest in joint property that was subject to a federal tax lien against the decedent becomes encumbered with the tax lien when it passes to the survivor. U.S. v. Librizzi,
108 F.3d 136 (1997).
700.25
700.25
Applicability of chapter. This chapter applies to interests in property in existence on July 1, 1971, and to interests in property created after such date. If application of any provision of this chapter to an interest in property in existence on July 1, 1971, is unconstitutional, it shall not affect application of the provision to an interest in property created after July 1, 1971.
700.26
700.26
Applicability of general transfers at death provisions. Chapter 854 applies to a transfer at death under an instrument of transfer.
700.26 History
History: 1997 a. 188.
700.35
700.35
Renewable energy resource easements. In this section, "renewable energy resource easement" means an easement which limits the height or location, or both, of permissible development on the burdened land in terms of a structure or vegetation, or both, for the purpose of providing access for the benefited land to wind or sunlight passing over the burdened land. Every renewable energy resource easement shall be in writing and shall be subject to the same conveyancing and instrument recording requirements as other easements. Renewable energy resource easements shall run with the land benefited and burdened unless otherwise expressly stated therein.
700.35 History
History: 1981 c. 354.
700.40
700.40
Uniform conservation easement act. 700.40(1)
(1)
Definitions. In this section, unless the context otherwise requires:
700.40(1)(a)
(a) "Conservation easement" means a holder's nonpossessory interest in real property imposing any limitation or affirmative obligation the purpose of which includes retaining or protecting natural, scenic or open space values of real property, assuring the availability of real property for agricultural, forest, recreational or open space use, protecting natural resources, maintaining or enhancing air or water quality, preserving a burial site, as defined in
s. 157.70 (1) (b), or preserving the historical, architectural, archaeological or cultural aspects of real property.
700.40(1)(b)1.
1. Any governmental body empowered to hold an interest in real property under the laws of this state or the United States.
700.40(1)(b)2.
2. Any charitable corporation, charitable association or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic or open space values of real property, assuring the availability of real property for agricultural, forest, recreational or open space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological or cultural aspects of real property.
700.40(1)(c)
(c) "Third-party enforcement right" means a right provided in a conservation easement empowering a governmental body, charitable corporation, charitable association or charitable trust, which, although eligible to be a holder, is not a holder, to enforce any term of the easement.
700.40(2)
(2) Creation, conveyance, acceptance and duration. 700.40(2)(a)(a) Except as otherwise provided in this section, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as any other easement.
700.40(2)(b)
(b) No right or duty in favor of or against a holder and no right in favor of a person having a 3rd-party enforcement right arises under a conservation easement prior to its acceptance by that holder and recordation of that acceptance.
700.40(2)(c)
(c) Except as provided in
sub. (3) (b), a conservation easement is unlimited in duration unless the conservation easement otherwise provides.
700.40(2)(d)
(d) No conservation easement may impair an interest in real property existing at the time the conservation easement is created, unless the owner of that interest is a party to the conservation easement or consents to it.
700.40(3)(a)(a) An action affecting a conservation easement may be brought by any of the following:
700.40(3)(a)1.
1. An owner of an interest in the real property burdened by the conservation easement.
700.40(3)(b)
(b) This section does not affect the power of a court to modify or terminate a conservation easement in accordance with any principle of law or equity.
700.40(4)
(4) Validity of conservation easement. A conservation easement is valid even though any of the following apply:
700.40(4)(a)
(a) It is not appurtenant to an interest in real property.
700.40(4)(b)
(b) It can be or is assigned to another holder.
700.40(4)(c)
(c) It is not of a character recognized traditionally at common law.
700.40(4)(e)
(e) It imposes affirmative obligations upon the owner of any interest in the burdened property or upon the holder.
700.40(4)(f)
(f) The benefit does not touch or concern real property.
700.40(4)(g)
(g) There is not privity of estate or of contract.
700.40(5)
(5) Effect on enforceable interests. Nothing in this section invalidates any interest, whether designated as a conservation easement, covenant, equitable servitude, restriction, easement or otherwise, which is otherwise enforceable under the laws of this state.
700.40(6)
(6) Uniform application and construction. This section shall be applied and construed so as to make uniform the laws relating to conservation easements among states enacting substantially identical laws.
700.40 History
History: 1981 c. 261;
1985 a. 316.
700.40 Note
NOTE: Chapter 261, laws of 1981, which created this section, states in section 3 that: The treatment of ss. 700.40 and 893.33 (6m) by this act applies to:
Effective date text
(1) Any interest created after April 27, 1982 which complies with s. 700.40, whether designated as a conservation easement, covenant, equitable servitude, restriction, easement or otherwise.
Effective date text
(2) Any interest created prior to April 27, 1982 which would have been enforceable if created after April 27, 1982, unless retroactive application contravenes the constitution or laws of this state or of the United States.
700.41
700.41
Solar and wind access. 700.41(1)
(1)
Purpose. The purpose of this section is to promote the use of solar and wind energy by allowing an owner of an active or passive solar energy system or a wind energy system to receive compensation for an obstruction of solar energy by a structure outside a neighbor's building envelope as defined by zoning restrictions in effect at the time the solar collector or wind energy system was installed.
700.41(2)(a)
(a) "Building envelope" means the 3-dimensional area on a lot on which building is permitted, as defined by the existing ground level and by any applicable height restriction, setback requirement, side yard requirement or rear yard requirement, notwithstanding any provisions for variances, special exceptions or special or conditional uses in effect in the city, town or village in which the lot is located.
700.41(2)(b)
(b) "Collector surface" means any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. "Collector surface" does not include frames, supports and mounting hardware.
700.41(2)(c)1.a.
a. The portion of a building or other structure which blocks solar energy from a collector surface between the hours of 9 a.m. to 3 p.m. standard time if the portion of the building or structure is outside a building envelope in effect on the date of the installation of the solar collector.
700.41(2)(c)1.b.
b. The portion of a building or other structure which blocks wind from a wind energy system if the portion of the building or structure is outside a building envelope in effect on the date of the installation of the wind energy system.
700.41(2)(c)2.
2. "Obstruction" does not include blockage by a pole, wire, television antenna or radio antenna.
700.41(2)(d)
(d) "Solar collector" means a device, structure or a part of a device or structure a primary purpose of which is to transform solar energy into thermal, mechanical, chemical or electrical energy.
700.41(3)
(3) Damages. Except as provided under
sub. (4), the owner of a solar energy system or a wind energy system is entitled to receive damages, court costs and reasonable attorney fees from any person who uses property which he or she owns or who permits any other person to use the property in any way which would create an obstruction of the owner's solar collector surface or wind energy system. The owner of the solar energy system or wind energy system shall have the burden of showing by a preponderance of the evidence the amount of the damages.
700.41(4)(a)(a) The provisions of this section related to solar energy systems do not apply to any obstruction:
700.41(4)(a)2.
2. For which a building permit was issued prior to installation of the solar collector, the solar energy to which is blocked by the obstruction.
700.41(4)(a)3.
3. Existing on or before the date of installation of the solar collector, the solar energy to which is blocked by the obstruction.
700.41(4)(b)
(b) The provisions of this section related to wind energy systems do not apply to any obstruction:
700.41(4)(b)2.
2. For which a building permit was issued before the installation of the wind energy system, the wind to which is blocked by the obstruction.
700.41(4)(b)3.
3. Existing on or before the date of installation of the wind energy system, the wind to which is blocked by the obstruction.
700.41 Annotation
Wisconsin recognizes the power of the sun: Prah v. Maretti and the solar access act. 1983 WLR 1263.
