Chapter 59

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.

59.43 Cross-reference Cross-reference: See s. 182.01 (3) for the requirement that certain corporate documents must bear the name of the drafter of the instrument before it may be filed by the Department of Financial Institutions.

59.43 Annotation The express powers to appoint and discharge deputies under this section are separate from those of the county and are not subject to a collective bargaining agreement entered into by the county. Crawford County v. WERC, 177 Wis. 2d 66, 501 N.W.2d 836 (Ct. App. 1993).

59.43 Annotation Crawford County, 177 Wis. 2d 66 (1993), is restricted to its facts. Deputized employees, apart from a chief deputy, are exempt from the terms of collective bargaining agreements only to the extent that they are managerial or supervisory employees. County of Eau Claire v. AFSCME Local 2223, 190 Wis. 2d 298, 526 N.W.2d 802 (Ct. App. 1994).

59.43 Annotation Except for their elected superior’s power to appoint and discharge, chief deputies are subject to the Municipal Employment Relations Act, ss. 111.70 to 111.77, and are not excluded from a collective bargaining unit as a matter of law. Oneida County v. WERC, 2000 WI App 191, 238 Wis. 2d 763, 618 N.W.2d 891, 00-0466.

59.43 Annotation A register of deeds does not have authority to correct an original recording of a deed made by a predecessor. 61 Atty. Gen. 189.

59.43 Annotation In a county maintaining a tract index system, the register of deeds must enter into the index any deed, mortgage, or other recorded document that affects title to or mentions an indexed tract or any part thereof. 63 Atty. Gen. 254.

59.43 Annotation Section 59.513 [now sub. (5)] does not apply unless the document 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 to 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) (1) 

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) (1) Surveyor; duties.

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.