710.25(5)(a)4.4. The title and document number of the deed or instrument that contains the discriminatory restriction. 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; 2025 a. 234. 710.27710.27 Non-improvement contracts; recording prohibited. 710.27(1)(c)(c) “Non-improvement contract” means a contract to which all of the following apply: 710.27(1)(c)1.1. The contract is a contract under which a person agrees to perform, furnish, or procure any work, labor, service, materials, plans, or specifications that are not used or consumed for the improvement of real estate. 710.27(1)(c)2.2. The contract purports to create a lien, encumbrance, or other security interest on real estate. 710.27(2)(2) Recording prohibited. No person may file or record with, or present for filing or recording to, a register of deeds a non-improvement contract or a notice, memorandum, or other instrument related to a non-improvement contract. 710.27(3)(3) Exceptions. Subsection (2) does not apply to any of the following: 710.27(3)(a)(a) An instrument that evidences security given for the repayment of a loan or other extension of credit or an instrument related to such an evidence of security. 710.27(3)(c)(c) A declaration, covenant, or other instrument related to the creation or operation of a homeowners’ association, housing cooperative, or other common interest community. 710.27(3)(d)(d) An instrument related to a commercial lease. 710.27(3)(e)(e) A lien or encumbrance arising from a covenant or agreement contained in an instrument of conveyance that creates or imposes ongoing obligations, such as contributions for maintenance, access easements, commercial operations, or property management. 710.27(4)(a)(a) If a person files or records an instrument in violation of sub. (2), an owner of the real estate affected by the filing or recording may bring a civil action against the person. If the owner prevails in an action under this paragraph, the court shall enter an order releasing the real estate from the effect of the instrument and may award to the owner actual damages and the costs of the action, including, notwithstanding s. 814.04 (1), reasonable attorney fees incurred in connection with the action, and the owner may record the order with the register of deeds for the county in which the real estate is located. 710.27(4)(b)(b) In addition to the remedy under par. (a), whoever violates sub. (2) may be fined not more than $10,000 or imprisoned for not more than 9 months, or both. 710.27(4)(c)(c) This subsection does not apply to a register of deeds or other government employee who acts in the course of the employee’s official duties and files, enters, or records any instrument relating to title on behalf of another person. 710.27(4)(d)(d) The rights and remedies under this subsection are in addition to, and not in lieu of, any other rights or remedies that the owner may have. 710.27 HistoryHistory: 2025 a. 32.
