Chapter 59

59.43 Note NOTE: Subds. 1. and 2. were renumbered from par. (b), as affected by 2025 Wis. Act 234, to par. (b) 1. and 2. by the legislative reference bureau under s. 13.92 (1) (bm) 2.

59.43(2)(f) (f) The fees for processing vital records or for issuing copies of vital records shall be as provided in s. 69.22.

59.43(2)(g) (g) For making a new tract index upon the order of the board, the amount that is fixed by the board, to be paid from the county treasury.

59.43(2)(h) (h) For recording a cemetery plat under s. 157.07, a subdivision plat under s. 236.25 or a condominium plat under s. 703.07, $50.

59.43(2g) (2g) Payment of fees.

59.43(2g)(a) (a) All fees under sub. (2) shall be payable in advance by the party procuring the services of the register of deeds, except that the fees for the services performed for a state department, board, or commission or person contracting with the register of deeds under par. (b) may be invoiced to the department, board, or commission or person.

59.43(2g)(b) (b) Notwithstanding sub. (2), the register of deeds with the approval and consent of the board may enter into contracts to provide noncertified copies of documents pertaining to real property at a flat rate or rate per image established by the board which in no event shall be less than cost of labor and material plus a reasonable allowance for plant and depreciation of equipment used.

59.43(2m) (2m) Standard format requirements for recording documents.

59.43(2m)(a) (a) The register of deeds may refuse to record a document that does not substantially comply with the following:

59.43(2m)(a)1. 1. The name of the document is clear and is located not less than 0.5 inch nor more than 6 inches from the top of the first page of the document. If more than one document name is given, the register of deeds shall use the first name provided on the document for indexing purposes unless the register of deeds determines that using another name provided on the document preserves historical consistency.

59.43(2m)(a)3. 3. The document contains in the upper right corner of the first page, within the margins, a blank space of at least 3 inches by 3 inches for recording information. A document that does not contain the space under this subdivision may not be recorded.

59.43(2m)(a)4m. 4m. Except for a document that is electronically recorded, the document contains return information on the first page.

59.43(2m)(a)5. 5. The document contains a parcel identification number for each parcel affected by the document. This subdivision applies only in a county that requires the use of a parcel identification number.

59.43(2m)(a)6. 6. The paper is white and is at least 20 pound weight.

59.43(2m)(a)7. 7. The page width is 8.5 inches and the page length is either 11 inches or 14 inches. The maximum deviation from any of these measurements may not exceed 0.25 inch.

59.43(2m)(a)8. 8. If the document has multiple pages, the document is not hinged or otherwise joined completely at the top or sides.

59.43(2m)(a)9. 9. The entire document is clear and the letters, numbers, symbols, diagrams, and other representations in the document are large enough and dense enough to be reproduced or read by a copy machine or optical scanner to the extent that the image captured is legible.

59.43(2m)(a)10. 10. The names of the grantor and grantee of the transaction and any notaries and authenticators are clearly written or typed.

59.43(2m)(a)11. 11. Any image on the document is of a quality that the image can be electronically stored and reproduced so as to preserve the actual appearance of the image, including any color used in the image.

59.43(2m)(a)13. 13. The ink is black, blue, or red, except that signatures and coded notations on maps may be other colors.

59.43(2m)(a)14. 14. The top margin of each page is 0.5 inch, except that company logos may appear within this margin if they do not interfere with any of the other requirements of this subsection.

59.43(2m)(a)15. 15. The bottom and side margins of each page are at least 0.25 inch.

59.43(2m)(a)16. 16. The name of the person or governmental agency that drafted the document appears on the document. This subdivision does not apply to any of the following:

59.43(2m)(a)16.a. a. A document executed before May 9, 1957.

59.43(2m)(a)16.b. b. A decree, order, judgment or writ of a court.

59.43(2m)(a)16.c. c. A document that is executed or acknowledged outside of this state.

59.43(2m)(bm) (bm) A document substantially complies with par. (a) if the document satisfies most of the requirements of par. (a) and recording the document will not impair the ability of the register of deeds to accurately record, reproduce, or index the document.

59.43(2m)(c) (c) The register of deeds shall provide, upon request, a cover sheet that a person may complete and use as the first page of a document that the person seeks to record. The cover sheet shall be provided without charge and shall conform to the provisions of par. (a).

59.43(2s) (2s) Recording.

59.43(2s)(a) (a) Subject to par. (f), the register of deeds may refuse to record a document affecting real property that does not satisfy s. 706.05, identify the county of each parcel of real estate affected by the document, and provide a current legal description of each parcel, described in any of the following manners:

59.43(2s)(a)1. 1. For assessor’s plats, the manner described in s. 70.27 (3) (a).

59.43(2s)(a)2. 2. For recorded plats, the manner described in s. 236.28.

59.43(2s)(a)3. 3. For certified survey maps, the manner described in s. 236.34 (3).

59.43(2s)(a)4. 4. For county, municipal, or town plats, the manner described in s. 236.45 (2) (am).

59.43(2s)(a)5. 5. For condominium plats, the manner described in s. 703.12.

59.43(2s)(a)6. 6. For transportation project plats, the manner described in s. 84.095 (7).

59.43(2s)(a)7. 7. For cemetery plats, the manner described in s. 157.07 (2).

59.43(2s)(a)8. 8. For time shares, the manner described in s. 707.21 (1).

59.43(2s)(a)9. 9. By metes and bounds or any other manner that identifies the quarter or quarter-quarter section or government lot and that identifies the section, township, and range, the boundaries of which refer to the public land survey system or a recorded private claim, as defined in s. 236.02 (9m).

59.43(2s)(a)10. 10. In any manner used in a document that satisfies the requirements of s. 706.02 if the document reasonably identifies the parcel and provides sufficient information to reasonably enable accurate recording.

59.43(2s)(b) (b)

59.43(2s)(b)1. 1. Subject to par. (f), the register of deeds may refuse to record an assignment, satisfaction, partial release, subordination, correction instrument, or other recorded document that references a previously recorded document unless the document to be recorded contains the document number of the referenced document.

59.43(2s)(b)2. 2. Subject to par. (f), the register of deeds may refuse to record an assignment, subordination, partial release, or satisfaction that relates to more than one mortgage.

59.43(2s)(c) (c)

59.43(2s)(c)1. 1. Subject to par. (f), the register of deeds may refuse to record a document containing a marked scrivener’s error unless the error is clearly marked and initialed by the person making the correction.

59.43(2s)(c)2. 2. Subject to par. (f), the register of deeds may refuse to record a document to which correction fluid or tape is affixed unless the correction is initialed by the person making the correction.

59.43(2s)(d) (d) Subject to par. (f), the register of deeds may refuse to record a court document unless the document is certified as the original document or a true and accurate copy of the document by the clerk of courts or register of probate of the county in which the court from which the document originated is located. A certification under this paragraph may be made electronically. This paragraph does not apply to a court document that is included as an exhibit or attachment to another document.

59.43(2s)(e) (e) The register of deeds may not record a document that the register of deeds reasonably believes is being recorded for a fraudulent or other unlawful purpose.

59.43(2s)(f) (f) The register of deeds may not refuse to record a document that substantially complies with pars. (a) to (d). A document substantially complies with pars. (a) to (d) if it satisfies most of the requirements of pars. (a) to (d) and recording the document will not impair the ability of the register of deeds to accurately record, reproduce, or index the document.

59.43(3) (3) Deputies. Every register of deeds shall appoint one or more deputies, who shall hold office at the register’s pleasure. The appointment shall be in writing and shall be recorded in the register’s office. The deputy or deputies shall aid the register in the performance of the register’s duties under the register’s direction, and in case of the register’s vacancy or the register’s absence or inability to perform the duties of the register’s office the deputy or deputies shall perform the duties of register until the vacancy is filled or during the continuance of the absence or inability.

59.43(4) (4) Storage requirements. Upon the request of the register of deeds, any county, by board resolution, may authorize the register of deeds to replicate in electronic format recorded documents relating to real property and to store the original records within the county at a place designated by the board. The storage place for the original records shall be reasonably accessible by the register of deeds and safe and shall provide for the preservation of the records authorized to be stored under this subsection. The register of deeds shall keep an electronic copy of records under this subsection in a conveniently accessible format in the office of the register of deeds and shall provide for examination of these records in original form and in an enlarged, easily readable form upon request. The register of deeds may make certified copies from the original records or reproduced from a record maintained in an electronic format.

59.43(6) (6) Effect of certain omissions in registers’ records.

59.43(6)(a) (a) The validity and effect of the record of any document in the office of register of deeds is not impaired by the fact that the name of any grantor, grantee, witness, or notary was not printed or typed on the document or by the fact that it does not comply with sub. (2m) (a) 16.

59.43(6)(b) (b) A document that the register of deeds accepts for recording shall be considered recorded despite its failure to conform to the requirements of sub. (2m) or (2s) (a) to (d), if the document is properly indexed in a public index maintained in the office of the register of deeds.

59.43(7) (7) Including parcel identification number.

59.43(7)(a) (a) In counties with a population of 750,000 or more where parcel identification numbers are used in the tax roll for taxes based on the value of property in municipalities, any conveyance, as defined in s. 706.01 (4), of any interest in real estate located in such a municipality shall contain reference to the parcel identification number affected. The parcel identification number shall be required for the recording of the conveyance.

59.43(7)(b) (b) In counties with a population of less than 750,000 where parcel identification numbers are used in the tax roll for taxes based on the value of property in municipalities, any conveyance, as defined in s. 706.01 (4), of any interest in real estate located in such a municipality shall contain reference to the parcel identification number affected if the county in which the parcel is located enacts an ordinance that requires the use of such a number in a conveyance. The parcel identification number shall be required for the recording of the conveyance, for administrative purposes only, if the county enacts an ordinance under this paragraph.

59.43(8) (8) Required signature and seal on survey document for filing or recording. The register of deeds may not record a map, plat, survey, or other document within the definition of the practice of professional land surveying under s. 443.01 (6s) that does not have affixed to it the personal signature and seal of a professional land surveyor under whose responsible charge the map, plat, survey, or other document was prepared. This subsection does not apply to any deed, contract, or other recordable document prepared by an attorney, or to an order, including any map or other document submitted with the order, that is recorded under subch. I or VI of ch. 77.

59.43(9) (9) Index.

59.43(9)(a) (a) A register of deeds shall maintain an index for documents recorded by the register of deeds that contains at least all of the following:

59.43(9)(a)1m. 1m. Document number assigned to the document and, if given on the document, the volume and page where the document is recorded.

59.43(9)(a)2m. 2m. Time and date that the document was recorded.

59.43 Note NOTE: Subd. 2m. was renumbered from subd. 2., as affected by 2025 Wis. Act 234, to subd. 2m. by the legislative reference bureau under s. 13.92 (1) (bm) 2.

59.43(9)(a)3. 3. Name of the grantor.

59.43(9)(a)4. 4. Name of the grantee.

59.43(9)(a)5. 5. Legal description of the land.

59.43(9)(a)6. 6. Name of the document.

59.43(9)(bm) (bm) The index shall be accessible and searchable by at least all of the following means:

59.43 Note NOTE: Par. (bm) was renumbered from par. (b), as affected by 2025 Wis. Act 234, to par. (bm) by the legislative reference bureau under s. 13.92 (1) (bm) 2.

59.43(9)(bm)1. 1. Name of the grantor.

59.43(9)(bm)2. 2. Name of the grantee.

59.43(9)(bm)3. 3. Document number and, if given on the document, the volume and page where the document is recorded.

59.43(9)(bm)4. 4. If the county has a tract index, by legal description.

59.43(10) (10) Certifications to discharge and release discriminatory restrictions. With regard to certifications to discharge and release discriminatory restrictions under s. 710.25 (5) (a) related to previously recorded documents, the register of deeds shall relate to the certification, the document number where the previously recorded document is recorded.

59.43(12) (12) Destruction or transfer of documents and indexes.

59.43(12)(a) (a) The board of any county may, upon request of the register of deeds, authorize the destruction of all obsolete documents pertaining to chattels antedating by 6 years, including final books of entry.

59.43(12)(b) (b) A board may, upon request of the register of deeds, authorize the destruction of all documents pertaining to town mutual insurance companies that were formerly required to be filed under ch. 202, 1971 stats., and that under s. 612.81 no longer have to be filed and all documents pertaining to stock corporations that were formerly required to be recorded under ch. 180, 1987 stats., and that under ch. 180 no longer have to be recorded. At least 60 days prior to the proposed destruction, the register of deeds shall notify in writing the state historical society which may order delivery to it of any records of historical interest. The state historical society may, upon application, waive the notice.

59.43(12)(c) (c) Notwithstanding this subsection, sub. (1c), and ss. 16.61 (3) (e), 19.21 (1) and (5), and 59.52 (4), the board may authorize the transfer of the custody of all records maintained by the register of deeds under s. 342.20 (4), 1979 stats., to the department of transportation.

59.43(12m) (12m) Tract index system.

59.43(12m)(a) (a) The board by ordinance may require the register of deeds to keep a tract index such that records containing valid legal descriptions may be searched by all of the following:

59.43(12m)(a)1. 1. Quarter-sections or quarter-quarter sections of land or government lots within the county, the boundaries of which refer to the public land survey system or a recorded private claim, as defined in s. 236.02 (9m).

59.43(12m)(a)2. 2. Recorded certified survey map and lot or outlot number.

59.43(12m)(a)3. 3. Recorded plat, by name and lot, block, outlot, or unit within the plat.

59.43(12m)(b) (b) No index established under par. (a) may be discontinued, unless the county establishing the index adopts, keeps and maintains a complete abstract of title to the real estate in the county as a part of the records of the office of the register of deeds of that county.

59.43(12m)(c) (c) If the board determines that a tract index system is unfit for use, the board may, by resolution, establish a new and corrected tract index. Any person who is authorized by the board to compile the new tract index shall have access to the old tract index and any other county records that may assist the person in compiling the new tract index. Upon completion, and approval by the board, of the new tract index system, the old tract index system shall be preserved as provided in s. 59.52 (3) (b). The resolutions of the board ordering, approving and adopting the new tract index systems, certified by the clerk, shall be recorded in each volume of the new tract index system and upon the resolution of the board adopting the new system, such a system is the only lawful tract index system in the register of deeds’ office.

59.43(13) (13) Real property recording notification system. A county that retains moneys under s. 77.24 shall establish a real property recording notification system to be administered by the register of deeds. Upon application by a person, the system shall monitor publicly recorded real property records for activity and changes related to properties owned by a specific person or a specific property, and, upon the recording of a new document against a monitored property, notify the applicant. No fee may be charged to an applicant for the monitoring of property records under a system established under this subsection.

59.43(14) (14) Limitation on use of certain devices. The register of deeds may prohibit or otherwise limit the use of electronic devices in any area under the authority of the register of deeds.

59.43 History History: 1995 a. 201 ss. 326, 327, 335, 338 to 353, 355, 361, 367, 369, 375, 377 to 380, 382 to 384; 1995 a. 225 ss. 159, 160, 162; 1995 a. 227; 1997 a. 27 ss. 2164am to 2164e, 9456 (3m); 1997 a. 35, 79, 140, 252, 282, 303, 304; 1999 a. 96; 2001 a. 10; 2001 a. 16 ss. 1999m to 2001m, 4041b; 2003 a. 33 s. 2811; 2003 a. 48 ss. 10, 11; 2003 a. 206 ss. 1 to 7, 23, 24; 2005 a. 25 ss. 1231 to 1234, 2493; 2005 a. 41, 139, 441; 2009 a. 98, 314, 320; 2013 a. 20, 92, 358; 2015 a. 48, 196; 2017 a. 102; 2017 a. 207 s. 5; 2017 a. 334; 2023 a. 210, 235; 2025 a. 25, 234; s. 13.92 (1) (bm) 2.

59.43 Cross-reference Cross-reference: See s. 779.97 for fees for filing federal liens and releases of liens.