NOTE: 1983 Wis. Act 335
, which repealed and recreated this section, contains a “legislative declaration" of intent in section 1.
The rationale of former s. 710.02, 1973 stats., which limited nonresident alien ownership of land, was premised upon potential detriment to the welfare of the community and was not so arbitrary as to deny equal protection. Lehndorff Geneva, Inc. v. Warren, 74 Wis. 2d 369
, 246 N.W.2d 815
Sub. (1) is generally inapplicable to General Agreement on Trade in Services (GATS) members, their services, or their service suppliers to the extent they seek to acquire, own, or hold land for enumerated service-related uses enumerated in the U.S. Schedule for the agreement. To the extent they seek to enforce their rights under the GATS, GATS members and their service suppliers, including citizens of and corporations organized under GATS members, are covered by the treaty exception in sub. (2) (b) that exempts “citizens, foreign governments or subjects of a foreign government" from the acreage limitation. OAG 11-14
Provision not retroactive.
The title to any lands conveyed before May 3, 1887, or any lands which nonresident aliens may hold under s. 710.02
conveyed since that date, shall not be questioned nor in any manner affected by reason of the alienage of any person from or through whom such title may have been derived.
Adverse claim to account. 710.05(1)(a)
“Account" means credit of a depositor with a financial institution, and includes a demand deposit or savings account, certificate of deposit, share account, time deposit, open account and other similar arrangements.
“Depositor" means a person who, by agreement with a financial institution or by written power of attorney, has the right to issue orders or instructions concerning an account.
“Financial institution" means a state or national bank, trust company, savings bank, building and loan association, savings and loan association or credit union doing business in this state.
Except as provided in ch. 112
or subch. I of ch. 705
, notice to a financial institution of a claim to all or part of an account by any person other than a depositor of the account or the financial institution has no effect upon the rights and duties of the depositor or financial institution with respect to the account, and notwithstanding such notice or claim the financial institution may honor the orders and instructions of its depositor regarding the account without liability to the claimant until otherwise ordered by a court or administrative agency of appropriate jurisdiction.
History: 1977 c. 430
; 1989 a. 331
Conveyances by life tenant.
A conveyance made by a tenant for life or years purporting to grant a greater estate than the tenant possessed or could lawfully convey shall not work a forfeiture of the tenant's estate, but shall pass to the grantee all the estate which such tenant could lawfully convey.
History: 1993 a. 486
Navigable stream does not divide parcel.
Unless otherwise provided by local ordinance, a navigable stream running through a parcel of land does not, in and of itself, divide the parcel into 2 parcels if the parcel, on both sides of the stream, is owned by the same owner.
History: 2013 a. 358
Removal of possessor of property.
In the following cases any person who holds possession of property, or the representatives or assigns of such person may be removed under ch. 799
A tenant at sufferance holding without permission.
A possessor of property which has been sold upon foreclosure of a mortgage if the possessor's rights were extinguished by the foreclosure.
A person who occupies or holds property under an agreement with the owner to occupy and cultivate it upon shares and the time fixed in the agreement for such occupancy has expired.
Transfer of land where dam exists.
A person may not accept the transfer of the ownership of a specific piece of land on which a dam is physically located unless the person complies with s. 31.14 (4)
History: 1981 c. 246
Disclosure regarding managed forest land.
If real property, or any portion of the real property, that is being sold will, after the sale, continue to be subject to an order designating it as managed forest land under subch. VI of ch. 77
, the owner of the property shall, no later than 10 days after the acceptance by the owner of the contract of sale or of the option contract, provide a written disclosure to the prospective buyer that the real property will continue to be subject to the order after the property is transferred. The disclosure shall explain that terms of orders designating managed forest land are for 25 or 50 years. The disclosure shall state that the division of forestry in the department of natural resources monitors management plan compliance under the managed forest land program, and shall provide information as to how to contact the division of forestry. The disclosure shall contain the following statement: “Changes you make to property that is subject to an order designating it as managed forest land, or to its use, may jeopardize your benefits under the program or may cause the property to be withdrawn from the program and may result in the assessment of penalties."
History: 2009 a. 365
Manufactured and mobile home community regulations. 710.15(1)(ad)
“Community" means a tract of land containing 3 or more plots of ground upon which mobile homes or manufactured homes are located in exchange for the payment of rent or any other fee pursuant to a lease.
“Lease" means a written agreement between an operator and a resident establishing the terms upon which the mobile home or manufactured home may be located in the community or the resident may occupy a mobile home or manufactured home in the community.
“Occupant" means a person who rents a mobile home or manufactured home in a community from an operator or who occupies a mobile home or manufactured home located on a plot of ground that is rented in a community from an operator.
“Operator" means a person engaged in the business of renting plots of ground or mobile homes or manufactured homes in a community to mobile home or manufactured home owners or occupants.
“Resident" means a person who rents a mobile home or manufactured home site in a community from an operator and who occupies the mobile home or site as his or her residence.
Requirement and term of lease.
Every agreement for the rental of a mobile home site or manufactured home site shall be by lease. Every lease shall be for a term of at least one year unless the resident or occupant requests a shorter term and the operator agrees to the shorter term.
Rules included in lease.
All community rules that substantially affect the rights or duties of residents or occupants or of operators, including community rules under sub. (2m) (b)
, shall be made a part of every lease between them.
Every lease shall state whether the community contains an emergency shelter.
If a community contains an emergency shelter under par. (a)
, the community rules shall state the location of the emergency shelter and procedures for its use.
Prohibited consideration of age of mobile home or manufactured home. 710.15(3)(a)
An operator may not deny a resident the opportunity to enter into or renew, and may not include, exclude or alter any terms of, a lease to continue to locate a mobile home or manufactured home in the community solely or in any part on the basis of the age of the mobile home or manufactured home.
An operator may not require the removal of a mobile home or manufactured home from a community solely or in any part on the basis of the age of the mobile home or manufactured home, regardless of whether the ownership or occupancy of the mobile home or manufactured home has changed or will change.
Prohibited consideration of change in ownership or occupancy of mobile home or manufactured home.
An operator may not require the removal of a mobile home or manufactured home from a community solely or in any part because the ownership or occupancy of the mobile home or manufactured home has changed or will change. An operator may refuse to enter into an initial lease with a prospective resident or occupant for any other lawful reason.
No interest in real estate; screening permitted.
Neither sub. (3) (b)
nor sub. (4)
creates or extends any interest in real estate or prohibits the lawful screening of prospective residents and occupants by an operator.
Termination of tenancy or nonrenewal of lease.
Notwithstanding ss. 704.17
, the tenancy of a resident or occupant in a community may not be terminated, nor may the renewal of the lease be denied by the community operator, except upon any of the following grounds:
Failure to pay rent due, or failure to pay taxes or any other charges due for which the community owner or operator may be liable.
Disorderly conduct that results in a disruption to the rights of others to the peaceful enjoyment and use of the premises.
Vandalism or commission of waste of the property.
Violation of community rules that endangers the health or safety of others or disrupts the right to the peaceful enjoyment and use of the premises by others, after written notice to cease the violation has been delivered to the resident or occupant.
Violation of federal, state or local laws, rules or ordinances relating to mobile homes or manufactured homes after written notice to cease the violation has been delivered to the resident or occupant.
The community owner or operator seeks to retire the community permanently from the rental housing market.
The community owner or operator is required to discontinue use of the community for the purpose rented as a result of action taken against the community owner or operator by local or state building or health authorities and it is necessary for the premises to be vacated to satisfy the relief sought by the action.
The physical condition of the mobile home or manufactured home presents a threat to the health or safety of its occupants or others in the community or, by its physical appearance, disrupts the right to the enjoyment and use of the community by others.
Material misrepresentation in the application for tenancy.
Termination of tenancy for threat of serious harm.
Notwithstanding sub. (5m)
, nothing in this section prevents termination of a tenancy because of an imminent threat of serious physical harm, as provided in s. 704.16
Claims of improper termination of a mobile home tenancy are governed exclusively by sub. (5m). When a government order requires a park owner to either abandon a failing septic system or replace it, the owner may elect to abandon the system and terminate the tenancy of the attached mobile home under sub. (5m) (g) or (k). Logterman v. Dawson, 190 Wis. 2d 90
, 526 N.W.2d 768
(Ct. App. 1994).
Right to display the flag of the United States. 710.17(1)(a)
“Housing cooperative” means a cooperative incorporated under ch. 185
or organized under ch. 193
that owns residential property that is used or intended to be used, in whole or in part, by the members of the housing cooperative as their homes or residences.
“Member of a homeowners' association” means a person that owns residential property within a subdivision, development, or other similar area that is subject to any policy or restriction adopted by a homeowners' association.
“Member of a housing cooperative” means a member, as defined in s. 185.01 (5)
or 193.005 (15)
, of a housing cooperative if the member uses or intends to use part of the property of the housing cooperative as the member's home or residence.
Right to display the flag of the United States. 710.17(2)(a)
Except as provided in sub. (3)
, a homeowners' association may not adopt or enforce a covenant, condition, or restriction, or enter into an agreement, that restricts or prevents a member of the homeowners' association from displaying the flag of the United States on property in which the member has an ownership interest and that is subject to any policy or restriction adopted by the homeowners' association.
Except as provided in sub. (3)
, a housing cooperative may not adopt or enforce a covenant, condition, or restriction, or enter into an agreement, that restricts or prevents a member of the housing cooperative from displaying the flag of the United States on property of the housing cooperative to which the member has a right to exclusive possession or use.
A homeowners' association or housing cooperative may adopt and enforce a covenant, condition, or restriction, or enter into an agreement, that does any of the following:
Requires that any display of the flag of the United States must conform with a rule or custom for proper display and use of the flag set forth in 4 USC 5
Provides a reasonable restriction on the time, place, or manner of displaying the flag of the United States that is necessary to protect a substantial interest of the homeowners' association or housing cooperative.
History: 2017 a. 67
Homeowners' associations; regulation. 710.18(1)(a)
“Assessment" means a regular or special charge or fee for common expenses, or a charge, fee, or fine against a specific residential lot or residential lot owner, that an association is authorized to levy or impose under the covenants and restrictions for a residential planned community.
“Association” means an entity that is created to manage or regulate, or to enforce covenants and restrictions for, a residential planned community and that consists of members, stockholders, or other owners substantially all of whom are owners of residential lots that are part of the residential planned community. “Association” does not include a condominium association, as defined in s. 703.02 (1m)
“Covenants and restrictions” means a declaration, covenant, or other instrument, including any amendments to the declaration, covenant, or instrument, that describes a residential planned community and that does all of the following:
Provides for restrictions on or requirements for residential lots that are part of the residential planned community, such as restrictions or requirements regarding allowable structures; building setbacks; architectural standards; fence restrictions; or the use, occupancy, appearance, or maintenance of property.
Provides that the residential planned community is managed or regulated by an association or that an association enforces the instrument on behalf of the residential planned community.
Provides that the restrictions or requirements described under subd. 1. a.
run with the land.
“Residential lot” means a parcel of residential real estate that is part of a residential planned community. “Residential lot” does not include an outlot.
“Residential lot owner” means a person, or combination of persons, that holds legal title to a residential lot in a residential planned community or that has equitable ownership as a land contract vendee.
“Residential planned community” means real estate that includes one or more residential lots and that is described in covenants and restrictions.
If an association is created to manage or regulate, or to enforce covenants and restrictions for, a residential planned community, the covenants and restrictions shall be recorded with the register of deeds in every county in which the residential planned community is located.