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 Annotation
There can be no waiver of the necessity of a spouse's joining in a deed of a homestead and no finding of agency will sustain the deed. Wangen v. Leum,
46 Wis. 2d 60,
174 N.W.2d 266 (1970).
706.02 Annotation
In pleading a contract that 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 Wis. 2d 633,
184 N.W.2d 865 (1971).
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 installments. Kubnick v. Bohne,
56 Wis. 2d 527,
202 N.W.2d 400 (1972).
706.02 Annotation
The test of undue influence to set aside a will is also applicable in order to void an inter vivos transfer due to undue influence. Ward v. Ward,
62 Wis. 2d 543,
215 N.W.2d 3 (1976).
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 Wis. 2d 240,
216 N.W.2d 551 (1974).
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 Wis. 2d 435,
241 N.W.2d 409 (1976).
706.02 Annotation
When a contract for the sale of land with an indefinite description is taken out of the statute of frauds by part performance, extrinsic evidence admissible but for the statute of frauds may be introduced to provide the description. Clay v. Bradley,
74 Wis. 2d 153,
246 N.W.2d 142 (1976).
706.02 Annotation
The question under sub. (1) (b) of 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 Wis. 2d 184,
262 N.W.2d 514 (1978).
706.02 Annotation
The homestead defense under s. 706.02 (1) (f) is not defeated by s. 706.04, but a tort claim may exist against a signing spouse who misrepresents the non-signing spouse's acquiescence. Glinski v. Sheldon,
88 Wis. 2d 509,
276 N.W.2d 815 (1979).
706.02 Annotation
The defense of the statute of frauds is waived if not raised in the trial court. Hine v. Vilter,
88 Wis. 2d 645,
277 N.W.2d 772 (1979).
706.02 Annotation
A mortgage fraudulently executed by the use of a forged signature of one grantor was wholly void. State Bank of Drummond v. Christophersen,
93 Wis. 2d 148,
286 N.W.2d 547 (1980).
706.02 Annotation
When a contract for the sale of land and personalty is not divisible, the contract is entirely void if this section is not satisfied. Spensley Feed v. Livingston Feed,
128 Wis. 2d 279,
381 N.W.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. A failure to plead the statute of frauds as an affirmative defense did not constitute a waiver. Weber v. Weber,
176 Wis. 2d 1085,
501 N.W.2d 413 (1993).
706.02 Annotation
A quitclaim deed of a married couple's homestead from one spouse to the other is not valid to alienate the grantor's interest in the property in any way that would eliminate either spouse's contractual obligations under a mortgage containing a valid dragnet clause. Schmidt v. Waukesha State Bank,
204 Wis. 2d 426,
555 N.W.2d 655 (Ct. App. 1996),
95-1850.
706.02 Annotation
An in-court oral stipulation could create a mortgage interest in property, but a homestead conveyance must bear the conveyor's signatures. Because the stipulation lacked signatures, it was not a mortgage that could defeat the homestead exemption under s. 815.20. Equitable Bank, S.S.B. v. Chabron, 2000 WI App 210,
238 Wis. 2d 708,
618 N.W.2d 262,
99-2639.
706.02 Annotation
If the language within the four corners of a deed is unambiguous, the court need look no further for the parties' intent. Eckendorf v. Austin, 2000 WI App 219,
239 Wis. 2d 69,
619 N.W.2d 129,
00-0713.
706.02 Annotation
Spouses may affirmatively waive the homestead protection in sub. (1) (f) in a premarital agreement. Jones v. Estate of Jones, 2002 WI 61,
253 Wis. 2d 158,
646 N.W.2d 280,
01-1025.
706.02 Annotation
A conveyance that "identifies the land" as required by sub. (1) means the conveyance must identify the property with "reasonable certainty." "Reasonable certainty" means that by the aid of the facts and circumstances surrounding the parties at the time the court can with reasonable certainty determine the land which is to be conveyed. It does not, however, necessarily require a legal description. Anderson v. Quinn, 2007 WI App 260,
306 Wis. 2d 686,
743 N.W.2d 492,
06-2462.
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(3m)
(3m) A nonprofit association, as defined in
s. 184.01 (2), may authorize a person to execute conveyances of estates or interests in real property by executing and filing a statement of authority under
s. 184.05.
706.03(4)
(4) A conveyance by a minor or an individual adjudicated incompetent in this state is effective only if executed by an authorized guardian on behalf of the minor or individual adjudicated incompetent. This restriction does not apply if the individual's adjudication of incompetency permits him or her to contract.
706.03 Annotation
When a partner's actions in a transaction on behalf of a partnership fall within the express provisions of s. 178.06 (1), the partner is "an agent of the partnership" and s. 178.06 (1) controls. When 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 Wis. 2d 101,
532 N.W.2d 444 (1995).
706.03 Annotation
If the grantor's attorney-in-fact does not have authority to exercise the power of attorney in his or her own favor, any deed that the attorney-in-fact signs to himself or herself and others is void in its entirety under sub. (1m). Lucareli v. Lucareli, 2000 WI App 133,
237 Wis. 2d 487,
614 N.W.2d 60,
99-1679.
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:
706.04(1)
(1) The deficiency of the conveyance may be supplied by reformation in equity; or
706.04(2)
(2) The party against whom enforcement is sought would be unjustly enriched if enforcement of the transaction were denied; or
706.04(3)
(3) The party against whom enforcement is sought is equitably estopped from asserting the deficiency. A party may be so estopped whenever, pursuant to the transaction and in good faith reliance thereon, the party claiming estoppel has changed his or her position to the party's substantial detriment under circumstances such that the detriment so incurred may not be effectively recovered otherwise than by enforcement of the transaction, and either:
706.04(3)(a)
(a) The grantee has been admitted into substantial possession or use of the premises or has been permitted to retain such possession or use after termination of a prior right thereto; or
706.04(3)(b)
(b) The detriment so incurred was incurred with the prior knowing consent or approval of the party sought to be estopped.
706.04 History
History: 1993 a. 486.
706.04 Annotation
A partnership created to deal in real estate is void unless conforming to the statute of frauds unless all parties have performed the contract, thus indicating their acquiescence in its terms. In re Estate of Schaefer,
72 Wis. 2d 600,
241 N.W.2d 607 (1976).
706.04 Annotation
In an equity action seeking the conveyance of a farm under an oral agreement, the trial court properly ordered the conveyance under sub. (3) when the tenants gave up plans to build a home on other property, planted crops on the farm, and painted the interior of the farmhouse. Krauza v. Mauritz,
78 Wis. 2d 276,
254 N.W.2d 251 (1977).
706.04 Annotation
Personal services to a vendor in reliance upon an oral agreement are not enough, standing alone, to constitute part performance. In the Matter of the Estate of Lade,
82 Wis. 2d 80,
260 N.W.2d 665 (1978).
706.04 Annotation
Under sub. (3) (a), a grantee with knowledge of equitable estoppel against the grantor takes title subject to the estoppel. Brevig v. Webster,
88 Wis. 2d 165,
277 N.W.2d 321 (Ct. App. 1979).
706.04 Annotation
The homestead defense under s. 706.02 (1) (f) is not defeated by s. 706.04, but a tort claim may exist against a signing spouse who misrepresents the non-signing spouse's acquiescence. Glinski v. Sheldon,
88 Wis. 2d 509,
276 N.W.2d 815 (1979).
706.04 Annotation
Failure to execute a document can be cured under this section. The "unclean hands" defense is discussed. Security Pacific National Bank v. Ginkowski,
140 Wis. 2d 332,
410 N.W.2d 589 (Ct. App. 1987).
706.04 Annotation
Once a deed has been properly executed and recorded, a court, in equity, may not alter the document when a party later expresses a different intent than was memorialized. Wynhoff v. Vogt, 2000 WI App 57,
233 Wis. 2d 673,
608 N.W.2d 400,
99-0103.
706.04 Annotation
Section 706.04 does not refer to deficiencies under 706.03. Triple Interest, Inc. v. Motel 6, Inc.
414 F. Supp. 589.
706.05
706.05
Formal requisites for record. 706.05(1)
(1) Subject to
s. 59.43 (2m), every conveyance, and every other instrument which affects title to land in this state, shall be entitled to record in the office of the register of deeds of each county in which land affected thereby may lie.
706.05(2)
(2) Except as different or additional requirements may be provided by law, every instrument offered for record shall:
706.05(2)(a)
(a) Bear such signatures as are required by law;
706.05(2)(c)
(c) Identify, to the extent that the nature of the instrument permits, and in form and terms which permit ready entry upon the various books and indexes publicly maintained as land records of such county, the land to which such instrument relates and the parties or other persons whose interests in such land are affected. Except as provided in
sub. (2m), identification may be either by the terms of the instrument or by reference to an instrument of record in the same office, naming the place where such record may be found.
706.05(2m)(a)(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 of any original mortgage or land contract that the document affects and, if given on the original mortgage or land contract, the volume and page numbers of the original mortgage or land contract.
706.05(2m)(b)
(b) The requirement of a full legal description under
par. (a) does not apply to:
706.05(2m)(b)1.
1. Descriptions of easements for the construction, operation or maintenance of electric, gas, railroad, water, telecommunications or telephone lines or facilities.
706.05(2m)(b)2.
2. Descriptions of property that is subject to liens granted on property thereafter acquired by a rural electric cooperative organized under
ch. 185, by a telephone cooperative organized under
ch. 185 or
193, by a pipeline company under
s. 76.02 (5), by a public utility under
s. 196.01 (5), by a railroad under
s. 195.02 (1), or by a water carrier under
s. 195.02 (5).
706.05(3)
(3) In addition to the requirements under
sub. (2), every conveyance of mineral interests offered for record shall:
706.05(3)(a)
(a) Fully disclose the terms and conditions of the agreement including both the financial arrangements and the exploration rights. Financial arrangements include the consideration exchanged for the interest in land, terms for payment, optional payments, royalty agreements and similar arrangements. Exploration rights include the conditions and extent of any surface and subsurface rights to the land, options to purchase further interest in the land, options to conduct mining operations and similar arrangements.
706.05(3)(b)
(b) Fully disclose the parties including any principal, parent corporation, partner or business associate with an interest in the conveyance. This paragraph shall be interpreted to provide maximum disclosure of any person with an economic interest in the transaction.
706.05(4)
(4) Any person who anticipates becoming a party to a number of conveyances of a given form may cause a prototype of such form to be recorded, accompanied by a certificate declaring the intention of the recording party to incorporate the terms of such prototype in future recorded conveyances by reference.
706.05(5)
(5) Copies of instruments affecting title to land in this state, authenticated by certificate of any public officer, either of this or any other state or foreign country, in whose office the original is filed or recorded pursuant to law, may be recorded in every case in which the original would be entitled to record under this section.
706.05(6)
(6) Except as may otherwise be expressly provided, no instrument shall be denied acceptance for record because of the absence of venue, seals, witnesses or other matter of form.
706.05(7)
(7) Every instrument which the register of deeds shall accept for record shall be deemed duly recorded despite its failure to conform to one or more of the requirements of this section, provided the instrument is properly indexed in a public index maintained in the office of such register of deeds and recorded at length at the place there shown.
706.05(8)
(8) A duly recorded certificate signed by or on behalf of the holder of record of any mortgage or other security interest in lands, and authenticated as provided by
s. 706.06 or
706.07 identifying the mortgage or other interest and stating that the same has been paid or satisfied in whole or in part, shall be sufficient to satisfy such mortgage or other interest of record.
706.05(9)
(9) If any mortgage-holder after partial performance of the conditions of the mortgage, whether before or after a breach thereof, unreasonably fails or refuses to execute and record, within 7 days after written request and tender of recording fees, a proper partial satisfaction of the mortgage together with any instruments required to establish of record the right of the mortgagor to satisfy the same, the mortgage-holder is liable to the mortgagor in the sum of $100 penalty damages, plus actual damages occasioned by the failure or refusal.
706.05(10)(a)(a) Unless otherwise requested in writing or unless
par. (b) applies, a mortgage-holder shall execute and record a proper full satisfaction of a mortgage, together with any instruments required to establish of record the right of the mortgagor to satisfy the mortgage, within 30 days after the date on which the mortgagor completes full performance of the conditions of the mortgage.
706.05(10)(b)
(b) A mortgage-holder shall execute and record a mortgage satisfaction as required under
par. (a) within 7 days after both the mortgagor completes full performance and the mortgage-holder receives by certified mail a written request from the mortgagor for a full satisfaction.
706.05(10)(c)
(c) Any person who violates
par. (b) is liable to the mortgagor for penalty damages of $100 for each day that the violation remains uncorrected, up to a total of $2,000, plus actual damages resulting from the violation. A person may not be held liable for actual damages unless the mortgagor paid the costs that are to be compensated.
706.05(10)(d)
(d) A mortgage-holder may charge a mortgagor for the cost of fees paid in recording the satisfaction.
706.055
706.055
Register of mineral rights. The register of deeds shall record all conveyances of mineral interests in a register of mineral rights.
706.055 History
History: 1977 c. 253.
706.057
706.057
Lapse and reversion of interests in minerals. 706.057(1)(1)
Applicability. This section does not apply to an interest in minerals which is owned by the same person who owns the fee simple interest in the surface of the land above the interest in minerals.
706.057(2)
(2) Use of an interest in minerals. In this section, an interest in minerals is used if any of the following occur:
