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 the facts giving rise to 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 this section, 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 (1976).
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 Annotation
Under sub. (1), only instruments that affect an interest in land are entitled to be recorded. A land patent is the instrument by which the government conveys title to portions of the public domain to private individuals. "Land patents," "updates of land patent" and other, similarly-titled documents filed by private individuals that purport to be grants of private land from private individuals to themselves or other private individuals are not true land patents and are invalid on their face and not entitled to recording.
OAG 4-12.
706.055
706.055
Conveyances of mineral rights. The register of deeds shall record all conveyances of mineral interests in the index maintained under
s. 59.43 (9).
706.055 History
History: 1977 c. 253;
2009 a. 98.
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:
706.057(2)(a)
(a) Any minerals are mined in exploitation of the interest in minerals.
706.057(2)(b)
(b) A conveyance of mineral interests is recorded under this chapter.
706.057(2)(c)
(c) Any other conveyance evidencing a transaction by which the interest in minerals is created, aliened, reserved, mortgaged or assigned is recorded under this chapter.
706.057(2)(d)
(d) Property taxes are paid on the interest in minerals by the owner of the interest in minerals.
706.057(2)(e)
(e) The owner of the interest in minerals records a statement of claim under
sub. (4) or
(5) concerning the interest in minerals.
706.057(3)(a)(a) Except as provided in
par. (b) or
(c), an interest in minerals lapses if the interest in minerals was not used during the previous 20 years.
706.057(3)(b)
(b) An interest in minerals which was not used during the 20-year period prior to July 1, 1984, does not lapse if the interest in minerals is used within 3 years after July 1, 1984.
706.057(3)(c)
(c) An interest in minerals which was used during the period from 17 to 20 years prior to July 1, 1984, does not lapse if the interest in minerals is used within 3 years after July 1, 1984.
706.057(4)
(4) Statement of claim; recording; requirements. If the owner of an interest in minerals uses the interest in minerals by recording a statement of claim, the statement of claim shall comply with this subsection. The statement of claim shall contain the name and address of the owner of the interest in minerals, a description of the location and boundary of the interest in minerals and a reference to the recorded instrument which created the interest in minerals. The statement of claim shall be recorded with the register of deeds for the county in which the interest in minerals is located.
706.057(5)
(5) Cure of lapse. The lapse of an interest in minerals under
sub. (3) is cured if the owner of the interest in minerals records a statement of claim complying with all of the requirements of
sub. (4) before the surface owner records a statement of claim under
sub. (6) (a) or before a statement of claim takes effect under
sub. (6) (b) 1., whichever is later.
706.057(6)
(6) Claim of lapsed interest in minerals. 706.057(6)(a)(a) The owner of the land under which an interest in minerals exists may claim that portion of a lapsed interest in minerals which lies beneath the owner's land by recording a statement of claim. The statement of claim shall contain the name and address of the owner of the land under which the lapsed interest in minerals is located and a description of the land under which the interest in minerals is located. The statement of claim shall be recorded with the register of deeds for the county in which the land is located.
706.057(6)(b)1.1. Except as provided in
subd. 2., a statement of claim which is recorded under
par. (a) before the lapse of the interest in minerals to which the claim applies takes effect when the interest in minerals lapses.
706.057(6)(b)2.
2. A statement of claim which is recorded under
par. (a) before the lapse of the interest in minerals to which the claim applies is void 6 years after the statement of claim is recorded if the interest in minerals does not lapse within that 6-year period.
706.057(7)
(7) Statement of claim; recording; register of deeds' duty. The register of deeds shall provide copies of the uniform form for statements of claim under
subs. (4),
(5) and
(6). Upon receipt of a statement of claim under
sub. (4),
(5) or
(6) in the office of the register of deeds, the register of deeds shall record the claim in a manner which will permit the existence of an interest in minerals to be determined by reference to the parcel or parcels of land above the interest in minerals. The claimant shall pay the recording fee under
s. 59.43 (2).
706.057(9)(a)(a) The owner of an interest in minerals which is the subject of a claim under
sub. (6) (a), within 3 years after the claim is recorded with the register of deeds or within 3 years after the claim takes effect as provided under
sub. (6) (b) 1., whichever is later, may bring an action for a declaratory judgment or declaration of interest on the ownership of the interest in minerals. The action shall be commenced in the circuit court in the county where the interest in minerals is located.
706.057(9)(b)1.1. If the court finds that the owner of the interest in minerals used the interest in minerals within the time limits specified under
sub. (3) or that the owner of the interest in minerals recorded a claim under
sub. (5) before the surface owner recorded a claim under
sub. (6) (a) or before the claim took effect as provided under
sub. (6) (b) 1., whichever is later, the court shall issue a judgment declaring that the interest in minerals is not lapsed.
706.057(9)(b)2.
2. If the court finds that the owner of the interest in minerals did not use the interest in minerals within the time limits specified under
sub. (3) and did not record the claim under
sub. (5) before the surface owner recorded the claim under
sub. (6) (a) or before the claim took effect as provided under
sub. (6) (b) 1. whichever is later, the court shall issue a judgment affirming the surface owner's claim.
706.057(9)(c)
(c) Upon the issuance of a judgment affirming the surface owner's claim or, if no action is brought under
par. (a), at the end of the 3-year period after the surface owner's claim is recorded or at the end of the 3-year period after the claim takes effect as provided under
sub. (6) (b) 1., whichever is later, the ownership of the interest in minerals reverts to the owner of the land under which the lapsed interest in minerals is located and title to the interest in minerals is merged with the title to the surface of the land.
706.057(10)
(10) Waiver; limitation. No person may waive or agree to waive the provisions of this section and any waiver or agreement of this type is void.
706.057 Annotation
Due process requires that every owner of a recorded interest, including a mineral interest under this section, be provided written notice of an application for a tax deed.
74 Atty. Gen. 59.
706.057 Annotation
Under this section the owner of land under which mineral rights have lapsed must record a claim to the lapsed mineral rights in order to foreclose a separate mineral rights owner from curing the lapse.
79 Atty. Gen. 61.
706.06(1)(1) Any instrument may be acknowledged, or its execution otherwise authenticated by its signators, as provided by the laws of this state; or as provided in this section or
s. 706.07.
706.06(2)
(2) Any public officer entitled by virtue of his or her office to administer oaths, and any member in good standing of the State Bar of Wisconsin, may authenticate one or more of the signatures on an instrument relating to lands in this state, by endorsing the instrument "Acknowledged," "Authenticated," or "Signatures Guaranteed," or other words to similar effect, adding the date of authentication, his or her own signature, and his or her official or professional title. The endorsement, unless expressly limited, shall operate as an authentication of all signatures on the instrument; and shall constitute a certification that each authenticated signature is the genuine signature of the person represented; and, as to signatures made in a representative capacity, shall constitute a certification that the signer purported, and was believed, to be such representative.
706.06(3)
(3) Affidavits shall be authenticated by a certificate of due execution of the instrument, executed by a person entitled to administer oaths.
706.06(4)
(4) In addition to any criminal penalty or civil remedy otherwise provided by law, knowingly false authentication of an instrument shall subject the authenticator to liability in tort for compensatory and punitive damages caused thereby to any person.
706.07
706.07
Uniform law on notarial acts. 706.07(1)(a)
(a) "Acknowledgment" means a declaration by a person that the person has executed an instrument for the purposes stated therein and, if the instrument is executed in a representative capacity, that the person signed the instrument with proper authority and executed it as the act of the person or entity represented and identified therein.
706.07(1)(b)1.
1. For and on behalf of a corporation, partnership, trust, or other entity, as an authorized officer, agent, partner, trustee, or other representative;
706.07(1)(b)2.
2. As a public officer, personal representative, guardian, or other representative, in the capacity recited in the instrument;
706.07(1)(b)4.
4. In any other capacity as an authorized representative of another.
706.07(1)(c)
(c) "Notarial act" means any act that a notary public of this state is authorized to perform, and includes taking an acknowledgment, administering an oath or affirmation, taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument.
706.07(1)(d)
(d) "Notarial officer" means a notary public or other officer authorized to perform notarial acts.
706.07(1)(e)
(e) "Verification upon oath or affirmation" means a declaration that a statement is true made by a person upon oath or affirmation.
706.07(2)(a)(a) In taking an acknowledgment, the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the officer and making the acknowledgment is the person whose true signature is on the instrument.
706.07(2)(b)
(b) In taking a verification upon oath or affirmation, the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the officer and making the verification is the person whose true signature is on the statement verified.
