710.20710.20 Maintenance and repair of private roads. 710.20(1)(a)(a) “Access easement” means an easement that is appurtenant to real estate and that provides ingress and egress between the real estate and a public road by means of a private road or driveway. 710.20(1)(b)(b) “Access easement holder” means the owner of real estate that is benefited by an access easement. 710.20(1)(c)(c) “Beneficial user” means a person that has a right to use a private road or driveway. “Beneficial user” includes an owner of real estate burdened by an access easement if the owner has a right to use the private road or driveway. 710.20(1)(d)(d) “Owner” means a person that has a present ownership interest in real estate. “Owner” includes a purchaser of real estate under a land contract that has a right to occupy and use the real estate. 710.20(1)(e)(e) “Private road or driveway” means a private road or driveway located on an access easement. 710.20(2)(2) Costs of maintenance and repair. Except as provided under sub. (4), the beneficial users of a private road or driveway shall contribute to the reasonable and necessary costs of maintenance and repair of the private road or driveway as provided in a written agreement entered into by the beneficial users for that purpose, in the instrument that created the access easement, or in a deed restriction, covenant, or declaration that sets forth the respective maintenance and repair obligations of the beneficial users. In the absence of such a document and except as provided under sub. (3), the beneficial users shall contribute an equitable share based on the amount and intensity of each beneficial user’s actual use in proportion to the amount and intensity of all beneficial users’ actual use. In determining whether costs are reasonable and necessary, the beneficial users may consider any of the following factors: 710.20(2)(a)(a) Whether notice of, and an opportunity to participate in, the decision to undertake the maintenance and repair was provided to the beneficial users. 710.20(2)(b)(b) Whether the costs were incurred for work that constituted improvements rather than maintenance or repair. 710.20(2)(c)(c) Whether the work was of a reasonable quality and cost. 710.20(2)(d)(d) The value of monetary or in-kind contributions to maintenance and repair made by beneficial users. 710.20(3)(3) Costs to repair damage. Except as provided in sub. (4), if a beneficial user or a guest or invitee of a beneficial user causes damage to a private road or driveway, except reasonable wear and tear, the beneficial user is solely responsible for the costs of repairing the damage. 710.20(4)(4) Exceptions. This section does not apply to an access easement to which any of the following applies: 710.20(4)(a)(a) The access easement holder or the owner of real estate that is burdened by the access easement is any of the following: 710.20(4)(a)4.4. An electric cooperative organized and operating on a nonprofit basis under ch. 185. 710.20(4)(b)(b) The access easement holder or the owner of real estate that is burdened by the access easement is the state or any of its political subdivisions. 710.20 HistoryHistory: 2021 a. 99. 710.25710.25 Discriminatory restrictions prohibited. 710.25(1)(1) In this section, “discriminatory restriction” means a restriction, covenant, or condition that prohibits or restricts the ownership, transfer, encumbrance, rental, occupancy, or use of real property on the basis of being a member of a protected class, as defined in s. 106.50 (1m) (nm). “Discriminatory restriction” does not include a restriction, covenant, or condition that prohibits or restricts the ownership, transfer, encumbrance, rental, occupancy, or use of real property on a basis that is allowed under s. 106.50 (5m) (a) to (f) or 42 USC 3607. 710.25(2)(2) A discriminatory restriction contained in a deed or other instrument affecting real property is void and unenforceable. 710.25(3)(3) No person may file or record with, or present for filing or recording to, a register of deeds a deed or other instrument affecting real property that contains a discriminatory restriction. 710.25(4)(4) A person that drafts a deed or other instrument affecting real property may not include a discriminatory restriction in the deed or instrument. 710.25(5)(a)(a) If real property is affected by a deed or other instrument that contains a discriminatory restriction, an owner of the real property may discharge and release the discriminatory restriction from the owner’s real property by recording a certification to discharge and release the discriminatory restriction. Subject to s. 59.43 (2m), the certification is entitled to record in the office of the register of deeds in the county in which the owner’s real property is located if the certification includes all of the following: 710.25(5)(a)3.3. The full legal description, as defined in s. 706.01 (7r), of the real property to which the certification relates. 710.25(5)(a)4.4. The title of the deed or instrument that contains the discriminatory restriction, the document number of the deed or instrument, and, if given on the deed or instrument, the volume and page where the deed or instrument is filed or recorded. 710.25(5)(b)(b) An owner of real property may record a single certification under par. (a) to discharge and release discriminatory restrictions from multiple deeds and instruments that affect the real property. The certification shall include the information specified under par. (a) 4. for every deed or instrument to which the certification applies. 710.25(5)(c)(c) An owner of real property may make the certification under par. (a) in substantially the following form: DISCHARGE AND RELEASE
OF DISCRIMINATORY RESTRICTION
AFFECTING REAL PROPERTY
Pursuant to section 710.25 of the Wisconsin statutes, a restriction, covenant, or condition that prohibits or restricts the ownership, transfer, encumbrance, rental, occupancy, or use of real property in this state on the basis of membership in a protected class, as defined in the Wisconsin statutes, contained in a deed or other instrument affecting real property is void and unenforceable. Pursuant to section 710.25 of the Wisconsin statutes, any owner of real property may record this form to discharge and release such a discriminatory restriction from the owner’s real property.
DISCHARGE AND RELEASE BY OWNER
I, .... (name of owner), certify all of the following:
That I own the following described real property located in .... County, Wisconsin:
.... (property description)
That the real property is affected by an instrument titled .... and recorded on .... (date), in the Office of the Register of Deeds for .... County, Wisconsin, in volume ...., at page ...., as document number ....
[Repeat for each instrument to which the form applies.]
That the instrument(s) (contains) (contain) one or more discriminatory restrictions that are void and unenforceable under section 710.25 of the Wisconsin statutes and the Wisconsin and U.S. Constitutions.
That, pursuant to section 710.25 of the Wisconsin statutes, the discriminatory restrictions are hereby discharged and released from the real property, and the remainder of the instrument(s) (continues) (continue) in full force and effect with respect to the real property and shall be construed as if the discriminatory restrictions are not contained therein.
OWNER’S CERTIFICATION
The undersigned certifies that the information stated in this instrument is true and correct to the best of my knowledge, information, and belief. The undersigned makes this instrument for the purpose of discharging and releasing one or more discriminatory restrictions affecting my real property that are void and unenforceable.
Signed ....
Dated ....
ACKNOWLEDGEMENT
State of ....
County of ....
Signed and affirmed before me on .... (date), by .... (name of owner).
Signature of notary ....
(Seal, if any, of notary)
Printed name ....
My commission expires: ....
This instrument was drafted by: ....
710.25(5)(d)(d) The department of administration shall prepare and provide copies of the form under par. (c) to the public by posting the form on the department’s website. 710.25 HistoryHistory: 2023 a. 210.
