59.43 Annotation
Section 59.513 [now sub. (5)] does not apply unless the instrument affects real estate in the manner described in the statute. 63 Atty. Gen. 594.
59.43 Annotation
Registers of deeds have no obligation to file or record “common-law liens" or “common-law writs of attachment." 69 Atty. Gen. 58.
59.43 Annotation
Registers of deeds entering into contracts under sub. (2) (c) may insist on provisions protecting the identity and integrity of records obtained under the contracts and protecting the public. Authority to require provisions directly prohibiting the contracting party from selling or disseminating copies of the records is not prohibited and may reasonably be implied from the general contracting authority under sub. (2) (c).
OAG 1-03.
59.43 Annotation
The fee requirements of sub. (2) (b), not those of s. 19.35 (3), apply to electronic copies of records obtained pursuant sub. (4), unless the requester has entered into a contract authorized by sub. (2) (c).
OAG 1-03.
59.43 Annotation
Under s. 706.05 (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 under s. 706.05 (1).
OAG 4-12.
59.44
59.44
County abstractor; appointment; duties; fees. 59.44(1)(a)
(a) Except as provided under par.
(b), whenever any county adopts a tract index system or any recognized chain of title system, the board may create a department to be known as an abstract department, either in connection with or independent of the office of the register of deeds, as the board considers advisable. The board may appoint a competent person for a term of 2 years, who shall be known as the county abstractor, and shall have charge of and operate the abstract department. The board shall furnish a seal for the abstractor, who shall place the seal on every abstract issued by the abstractor.
59.44(1)(b)
(b) In any county with a county executive or a county administrator, if the county creates an abstract department under par.
(a), the county executive or county administrator shall appoint and supervise the county abstractor. Such appointment shall be subject to confirmation by the board unless the board, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s.
59.52 (8) or ch.
63.
59.44(2)
(2) The register of deeds shall be eligible to hold the office of county abstractor and may hold both offices at the same time.
59.44(3)
(3) The county abstractor shall make and deliver to any person an abstract of title to any land in the county, upon the payment of the required fee.
59.44(4)
(4) The board shall fix the salary of said abstractor, provide such clerical assistance as may be necessary and fix their compensation and shall fix the fees to be received for the compiling and furnishing of abstracts and may at any time prescribe regulations for the operation and conduct of said department. All fees received for the compiling and furnishing of abstracts shall be paid into the county treasury.
59.44(5)
(5) The board may by two-thirds vote of all the members of the board discontinue furnishing abstracts.
59.44 History
History: 1985 a. 29;
1991 a. 316;
1995 a. 201 s.
387; Stats. 1995 s. 59.44;
1995 a. 225 s.
163;
1997 a. 35.
59.45
59.45
County surveyor; duties, deputies, fees. 59.45(1)(a)(a) The county surveyor shall do all of the following:
59.45(1)(a)1.
1. Execute, personally or by a deputy, all surveys that are required by the county or by a court. Surveys for individuals or corporations may be executed at the county surveyor's discretion.
59.45(1)(a)2.
2. Make, personally or by a deputy, a record, in books or on drawings and plats that are kept for that purpose, of all corners that are set and the manner of fixing the corners, of each survey made personally, by deputies or by other professional land surveyors and arrange or index the record so it is an easy-to-use reference and file and preserve in the office the original field notes and calculation thereof. Within 60 days after completing any survey, the county surveyor shall make a true and correct copy of the foregoing record, in record books or on reproducible papers to be furnished by the county and kept in files in the office of the county surveyor to be provided by the county. In a county with a population of 750,000 or more where there is no county surveyor, a copy of the record shall also be filed in the office of the regional planning commission which acts in the capacity of county surveyor for the county.
59.45(1)(a)3.
3. Furnish a copy of any record, plat or paper in the office to any person on demand and upon payment to the county of the required fees.
59.45(1)(a)4.
4. Administer to every survey assistant engaged in any survey, before commencing their duties, an oath or affirmation to faithfully and impartially discharge the duties of survey assistant, and the deputies are empowered to administer the same.
59.45(1)(a)5.
5. Perform all other duties that are required by law.
59.45(1)(b)
(b) Surveys for individuals or corporations may be performed by any professional land surveyor who is employed by the parties requiring the services, providing that within 60 days after completing any survey the professional land surveyor files a true and correct copy of the survey in the office of the county surveyor. In counties with a population of 750,000 or more the copy shall be filed in the office of the register of deeds and in the office of the regional planning commission which acts in the capacity of county surveyor for the county.
59.45(2)
(2)
Surveyor; deputies. The county surveyor may appoint and remove deputies at will on filing a certificate thereof with the clerk.
59.45(3)
(3)
Surveyor; fees. In addition to the regular fees of professional land surveyors that are received from the parties employing the county surveyor, the county surveyor may receive a salary from the county.
59.45 Annotation
Discussing compensation and duties of an elected county surveyor and possible conflicts of interest in public contracts. 60 Atty. Gen. 134.
59.45 Annotation
Discussing duties of county and other land surveyors and minimum standards for property surveys. 69 Atty. Gen. 160.
59.46
59.46
Penalty for nonfeasance. Any county surveyor, any city, village, or town engineer, or any professional land surveyor who fails or refuses to perform any duty required of that person by law shall forfeit not less than $25 nor more than $50 for each such failure or refusal.