Miscellaneous property provisions

Wis. Stat. ch. 710
in effect

Wis. Stat. § 710.01 Aliens may acquire lands

Subject to the limitations of s. 710.02 an alien may acquire and hold lands or any right thereto or interest therein by purchase, devise or descent, and the alien may convey, mortgage and devise the same; and if the alien shall die intestate the same shall descend to the alien’s heirs; and in all cases such lands shall be held, conveyed, mortgaged or devised or shall descend in like manner and with like effect as if such alien were a native citizen of the state or of the United States.

Wis. Stat. § 710.02 Limitation on nonresident aliens and corporations

(1) Limitation. The following persons may not acquire, own or hold any interest, directly or indirectly, except an interest used to secure repayment of a debt incurred in good faith, in more than 640 acres of land in this state: (a) Aliens not residents of a state of the United States. (b) Corporations not created under the laws of the United States or a state of the United States. (c) 1. Corporations, limited liability companies, partnerships or associations having more than 20 percent of their stock, securities or other indicia of ownership held or owned by persons under par. (a) or (b). 2. Trusts having more than 20 percent of the value of their assets held for the benefit of persons under par. (a) or (b). (2) Exceptions. Except as provided in sub. (3), sub. (1) does not apply to: (a) Subject to sub. (5), any person acquiring an interest in land by devise, inheritance or in the good faith collection of debts by due process of law. (b) Citizens, foreign governments or subjects of a foreign government whose rights to hold larger quantities of land are secured by treaty. (c) Railroad or pipeline corporations. (d) An exploration mining lease as defined in s. 107.001 (1) and land used for mining and associated activities under chs. 293 and 295. (e) Manufacturing activities specified under division D of the standard industrial classification manual published by the U.S. printing office, 1972 and later editions. (f) Mercantile activities specified under divisions C, E, F, G, H and I of the standard industrial classification manual published by the U.S. printing office, 1972 and later editions. (g) Leases for exploration or production of oil, gas, coal, shale and related hydrocarbons, including by-products of the production, and land used in connection with the exploration or production. (3) Use of land restricted. Land in excess of 640 acres, acquired by a person listed under sub. (1) other than a person listed under sub. (2) (a), (b) or (c) for an activity listed under sub. (2) (d), (e), (f) or (g), may not be used directly or indirectly by that person for any activity not under sub. (2) (d), (e), (f) or (g). Pending the conversion and development of the land for a purpose permitted under sub. (2) (d), (e), (f) or (g), it may be used for agriculture or forestry purposes under a lease to a person not subject to sub. (1). Products of the land may be sold by the lessee to the owner of the land. (4) Reporting requirements. (a) Any person filing a report required under 7 USC 3501 to 3508 shall file with the secretary of agriculture, trade and consumer protection a duplicate original of the report, together with both of the following: 1. The tax parcel number or full legal description of the lands acquired, owned or held. 2. If the interest in land is acquired, owned or held under an exception set forth in sub. (2), a statement which sets forth the specific exception and, if under sub. (2) (d), (e), (f) or (g), the timetable and plan for conversion and development to a purpose permitted under sub. (2) (d), (e), (f) or (g). (b) The secretary shall annually submit to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), a report summarizing information received under par. (a). (5) Divestiture. (a) Interests exceeding 640 acres acquired by persons under sub. (1) shall be divested at the discretion of the holder to comply with sub. (1) within 4 years after: 1. Acquiring the interest, if the interest is described under sub. (2) (a) and the person is subject to sub. (1) (a) or (b). 2. Acquiring the interest or becoming subject to sub. (1) (c), whichever is later, if the person is subject to sub. (1) (c). (b) Land subject to divestiture under par. (a) may not be managed to cause undue levels of soil erosion or to injure the long-range productivity of the land. The attorney general may bring an action to enjoin these practices on the land. (6) Forfeitures. Interests in lands in excess of 640 acres acquired or held in violation of this section are forfeited to the state. The holder of the interest shall determine which lands are to be forfeited to comply with sub. (1). (7) Penalty for failure to report. Any person violating sub. (4) (a) shall forfeit not less than $500 nor more than $5,000. (8) Enforcement. The attorney general shall enforce this section. (9) Applicability. This section applies to interests in land acquired after July 1, 1982. No interest acquired before July 1, 1982, is subject to divestiture or forfeiture under this section.

Wis. Stat. § 710.03 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.

Wis. Stat. § 710.05 Adverse claim to account

(1) In this section: (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. (b) “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. (c) “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. (2) 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.

Wis. Stat. § 710.07 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.

Wis. Stat. § 710.09 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.

Wis. Stat. § 710.10 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 or 843. (1) A person holding in violation of s. 704.17 (4), or of s. 704.19 (8). (2) A tenant at sufferance holding without permission. (3) A possessor of property which has been sold upon foreclosure of a mortgage if the possessor’s rights were extinguished by the foreclosure. (4) 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.

Wis. Stat. § 710.11 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).

Wis. Stat. § 710.12 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.”

Wis. Stat. § 710.13 Disclosures regarding real property wholesalers

(1) Definitions. (a) “Purchase agreement” means a contract for the sale, exchange, option, rental, or purchase of residential real property. (b) “Real property wholesaler” means a person that enters into a purchase agreement as a buyer and intends to assign the person’s rights as buyer under the purchase agreement to a 3rd party for consideration. (c) “Residential real property” means real property in this state that includes one to 4 dwelling units, as defined in s. 101.61 (1). (2) Required disclosures. A real property wholesaler shall provide all of the following disclosures: (a) No later than entering into a purchase agreement as a buyer, written notice to the seller of the residential real property that the buyer is a real property wholesaler. (b) No later than entering into a contract with a 3rd party to assign the real property wholesaler’s rights as buyer under a purchase agreement to the 3rd party, written notice to the 3rd party that the assignor is a real property wholesaler that holds an equitable interest in the residential real property as a buyer under the purchase agreement and that the assignor is conveying the assignor’s interest in the purchase agreement, not title to the residential real property. (3) Rights to rescind; disbursement of deposits. (a) If a real property wholesaler fails to timely provide the disclosure to a seller as required under sub. (2) (a), the seller may rescind the purchase agreement at any time before the closing, without any liability on the seller’s part, by providing written notice of rescission to the real property wholesaler, and the seller is entitled to retain any deposits or option fees paid by the real property wholesaler in connection with the transaction. (b) If a real property wholesaler fails to timely provide the disclosure to a 3rd party assignee as required under sub. (2) (b), the assignee may rescind the assignment of the purchase agreement at any time before the closing, without any liability on the assignee’s part, by providing written notice of rescission to the real property wholesaler, and the assignee is entitled to the return of any deposits or option fees paid by the assignee in connection with the transaction. (c) Upon receipt of a written notice of rescission described under par. (a) or (b), a person holding deposits or option fees described under par. (a) or (b) may disburse the deposits or option fees, without any liability on the person’s part, to the following persons: 1. If a seller exercises its right to rescind under par. (a), to the seller. 2. If a 3rd party assignee exercises its right to rescind under par. (b), to the assignee. (4) Waiver prohibited. A person may not waive the person’s rights under this section. If the person proceeds to closing, the person’s right to rescind under sub. (3) is terminated.

Wis. Stat. § 710.15 Manufactured and mobile home community regulations

(1) Definitions. In this section: (ad) “Community” means any plot or plots of ground upon which 3 or more mobile homes or manufactured homes that are occupied for dwelling or sleeping purposes are located. “Community” does not include a farm where the occupants of the mobile homes or manufactured homes are the father, mother, son, daughter, brother, or sister of the farm owner or operator or where the occupants of the mobile homes or manufactured homes work on the farm. (ag) “Lease” means a written agreement between an operator and a resident or occupant establishing the terms upon which the mobile home or manufactured home may be located in the community or the resident or occupant may occupy a mobile home or manufactured home in the community. (am) “Manufactured home” has the meaning given in s. 101.91 (2). (b) “Mobile home” has the meaning given under s. 101.91 (10), but does not include a recreational vehicle, as defined in s. 340.01 (48r). (c) “Occupant” means a person other than a resident who occupies, as his or her residence, a mobile home or manufactured home located on a site, together with a resident of the mobile home or manufactured home, with the operator’s consent. (d) “Operator” means a person engaged in the business of renting sites or mobile homes or manufactured homes in a community to residents, occupants, or tenants who are not residents or occupants. (f) “Resident” means a person who rents a site from an operator and who owns the mobile home or manufactured home located on the site. (g) “Site” means a plot of ground in a community upon which a mobile home or manufactured home is located. (1m) Requirement and term of lease. Every agreement for the rental of a 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, except that if a resident or occupant fails to sign and return a lease or lease renewal, the operator may elect to hold the resident or occupant on a month-to-month basis. (2) 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. (2m) Emergency shelter disclosure. (a) Every lease shall state whether the community contains an emergency shelter. (b) 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. (3) Prohibited consideration of age of mobile home or manufactured home. (a) An operator may not deny a resident or occupant 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. (b) 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. (4) 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. (4m) 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. (5m) Termination of tenancy or nonrenewal of lease. Notwithstanding ss. 704.17 and 704.19, 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: (a) 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. (b) Disorderly conduct that results in a disruption to the rights of others to the peaceful enjoyment and use of the premises. (c) Vandalism or commission of waste of the property. (d) A breach of any term of the lease. (e) 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. (em) 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. (f) The community owner or operator seeks to retire the community or a site permanently from the rental housing market. (g) The community owner or operator is required to discontinue use of the community or a site 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. (h) The physical condition of the mobile home or manufactured home presents a threat to the health or safety of its residents or occupants or others in the community or, by its physical appearance, disrupts the right to the enjoyment and use of the community by others. (i) Refusal to sign a lease or to submit a signed lease to the operator. (j) Material misrepresentation in the application for tenancy or failure to meet any nondiscriminatory application criteria. (jm) Violation of a community rule prohibiting any resident from owning more than one mobile home or manufactured home in the community. (k) Other good cause. (5r) Notice requirements apply. The notice requirements of s. 704.17 (1p) (a), (2) (a), and (3) apply to a termination of tenancy under sub. (5m) (a), and the notice requirements of s. 704.17 (1p) (b), (2) (b), and (3) apply to a termination of tenancy under sub. (5m) (b) to (k), except that a community owner or operator shall provide at least 90 days’ written notice to all known residents and occupants prior to permanently retiring the community or a site from the rental housing market. (5t) 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. (6) Applicability. This section does not apply to a person who occupies, as his or her residence, a mobile home or manufactured home in a community if the resident of the mobile home or manufactured home does not also occupy the home as his or her residence. A person who is not a resident or occupant who rents a mobile home or manufactured home in a community from a resident or operator shall be subject to the provisions under ch. 704.

Wis. Stat. § 710.17 Right to display the flag of the United States

(1) Definitions. In this section: (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. (b) “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. (c) “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. (2) Right to display the flag of the United States. (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. (b) 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. (3) Exceptions. 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: (a) 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 to 10. (b) 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.

Wis. Stat. § 710.18 Homeowners’ associations; regulation

(1) Definitions. In this section: (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. (b) “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). (c) 1. “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: a. 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. b. 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. c. Provides that the restrictions or requirements described under subd. 1. a. run with the land. 2. “Covenants and restrictions” does not include a condominium declaration, as defined in s. 703.02 (8). (d) “Residential lot” means a parcel of residential real estate that is part of a residential planned community. “Residential lot” does not include an outlot. (e) “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. (f) “Residential planned community” means real estate that includes one or more residential lots and that is described in covenants and restrictions. (2) Covenants and restrictions. (a) Recording required. 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. (b) Posting on Internet site. Beginning on January 1, 2023, if the association for a residential planned community maintains an Internet site on which information related to the residential planned community is available to the public, the association shall post the covenants and restrictions for the residential planned community on the Internet site. (3) Public notices regarding associations. (a) New associations. An association created on or after December 14, 2022, shall file a notice under par. (e) no later than 30 days after the association is created. (b) Existing associations. An association existing on December 14, 2022, shall file a notice under par. (e) no later than January 13, 2023. (c) Annual renewals. Each association that files a notice required under par. (a) or (b) annually shall file a renewal notice under par. (e) no later than the deadline established by the department of financial institutions. (d) Requirement to update public information. If any information contained in a notice filed under this subsection changes, the association shall file an amended notice under par. (e) to update the information no later than 30 days after the date on which the change occurs. (e) Form and contents of public notices. An association shall file a notice under par. (a) or (b), a renewal notice under par. (c), or an amended notice under par. (d) with the department of financial institutions on a form prescribed by the department under s. 182.01 (7) (c). The notice shall contain all of the following information: 1. The name and mailing address of the association and, if applicable, the name and mailing address of any management company for the association. 2. The name of the county and the city, village, or town in which the residential planned community is located. 3. The name, mailing address, and electronic mail address or daytime telephone number for an individual who is authorized to respond on behalf of the association to requests for copies of the covenants and restrictions and other information and documentation related to the residential planned community. 4. If the association posts information related to the residential planned community on an Internet site, the address of the Internet site. (f) Penalty for noncompliance. 1. If an association fails to file a notice required under this subsection, the association may not do any of the following until the association files the required notice: a. Charge a late fee or other fine for any unpaid assessments owed by any residential lot owner. b. Charge a fee in connection with any transfer of ownership of a residential lot that the association would otherwise be authorized to charge under the covenants and restrictions for the residential planned community. 2. Any prohibited action taken by an association during a period of noncompliance under this paragraph is void and unenforceable. (4) Notice of association meetings required. The association of a residential planned community shall provide notice of any meeting of the association at least 48 hours before the meeting. Unless the covenants and restrictions for the residential planned community provide otherwise, the association shall provide notice by doing all of the following: (a) Providing written notice of the meeting to all residential lot owners. (b) Sending notice of the meeting to the last-known electronic mail address for each residential lot owner. (c) Sending notice of the meeting by 1st class mail to the last-known post-office address for each residential lot owner. (d) If the association posts information related to the residential planned community on an Internet site or a mobile device application, posting notice of the meeting on the Internet site. (e) If the residential planned community has an improved area that is accessible to all residential lot owners, posting notice of the meeting in at least one such area. (5) Limitation on fees for providing documentation. If the association for a residential planned community furnishes copies of the covenants and restrictions related to the residential planned community upon request by a residential lot owner, the association may not, unless the covenants and restrictions provide otherwise, charge the residential lot owner an amount that exceeds the actual costs of furnishing the information or $50, whichever is less. (6) Failure to pay assessments; notice of suspension of rights. If the covenants and restrictions for a residential planned community authorize the association to suspend certain rights of a residential lot owner for failure to timely pay assessments or other amounts owed to the association, the association may, unless the covenants and restrictions provide otherwise, suspend those rights only after the association provides the residential lot owner a written notice identifying the rights the association intends to suspend and the actions the residential lot owner may take to avoid that suspension. (7) Payoff statements; limitation on fees. (a) Definition. In this subsection, “payoff statement” means a document that sets forth the total amount necessary, as of a date specified in the document, to satisfy all monetary obligations, including unpaid assessments, owed by a residential lot owner to the association in connection with a particular residential lot. (b) Request for payoff statement; deadline. A residential lot owner may submit to the association a written request for a payoff statement for a specified date not more than 30 days after the request is submitted. The association shall provide a payoff statement to the residential lot owner within 10 business days after the request is submitted. (c) Fees. 1. Except as provided under subds. 2. and 3., an association shall provide one payoff statement requested under par. (b) with respect to a residential lot without charge during any 2-month period. The association may charge a fee not to exceed $25 for each additional payoff statement requested for the residential lot during that 2-month period. 2. An association may charge a fee for providing the first payoff statement within a 2-month period described under subd. 1. if the association does all of the following: a. Holds a meeting at which the association will consider whether to establish the fee and set the amount of the fee. b. Provides written notice of the meeting held under subd. 2. a. as provided under sub. (4). c. Adopts a written resolution at the meeting held under subd. 2. a. to establish the fee or set the amount of the fee, or both. d. No later than 48 hours after adopting the resolution under subd. 2. c., provides written notice to residential lot owners that the association established the fee or set the amount of the fee, or both. 3. If an association establishes a fee under subd. 2., the association may increase the amount of the fee only by following the procedure under subd. 2. a. to d. 4. An association’s failure to provide a notice required under subd. 2. b. or d. does not affect the right of the association to charge the fee established or increased under subd. 2. or 3. (d) Damages. If an association to which a request is submitted under par. (b) does not provide a payoff statement within the deadline described under par. (b), the association is liable to the residential lot owner for any actual damages caused by the association’s failure or $350, whichever is less.

Wis. Stat. § 710.20 Maintenance and repair of private roads

(1) Definitions. In this section: (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. (b) “Access easement holder” means the owner of real estate that is benefited by an access easement. (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. (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. (e) “Private road or driveway” means a private road or driveway located on an access easement. (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: (a) Whether notice of, and an opportunity to participate in, the decision to undertake the maintenance and repair was provided to the beneficial users. (b) Whether the costs were incurred for work that constituted improvements rather than maintenance or repair. (c) Whether the work was of a reasonable quality and cost. (d) The value of monetary or in-kind contributions to maintenance and repair made by beneficial users. (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. (4) Exceptions. This section does not apply to an access easement to which any of the following applies: (a) The access easement holder or the owner of real estate that is burdened by the access easement is any of the following: 1. A railroad corporation. 2. A public utility, as defined in s. 196.01 (5). 3. A water carrier, as defined in s. 195.02 (5). 4. An electric cooperative organized and operating on a nonprofit basis under ch. 185. 5. A natural gas company, as defined in 15 USC 717a (6). 6. A trustee or receiver of a person described under subds. 1. to 5. (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.

Wis. Stat. § 710.25 Discriminatory restrictions prohibited

(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. (2) A discriminatory restriction contained in a deed or other instrument affecting real property is void and unenforceable. (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. (4) A person that drafts a deed or other instrument affecting real property may not include a discriminatory restriction in the deed or instrument. (5) (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) and (2s) (a) and upon payment of any applicable fee under s. 59.43 (2), the certification is entitled to be recorded 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: 1. The signature of the owner. 2. An acknowledgement or authentication in accordance with s. 706.06 or ch. 140. 3. The full legal description, as provided under s. 59.43 (2s) (a), of the real property to which the certification relates. 4. The title and document number of the deed or instrument that contains the discriminatory restriction. (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. (c) An owner of real property may make the certification under par. (a) in substantially the following form: (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.

Wis. Stat. § 710.27 Non-improvement contracts; recording prohibited

(1) Definitions. In this section: (a) “Improvement” has the meaning given in s. 779.01 (2) (a). (b) “Materials” has the meaning given in s. 779.01 (2) (bm). (c) “Non-improvement contract” means a contract to which all of the following apply: 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. 2. The contract purports to create a lien, encumbrance, or other security interest on real estate. (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. (3) Exceptions. Subsection (2) does not apply to any of the following: (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. (b) An instrument required or allowed to be filed or recorded under s. 241.03 (1), 710.18 (2) (a), 710.20, or 779.70 or ch. 703 or 707. (c) A declaration, covenant, or other instrument related to the creation or operation of a homeowners’ association, housing cooperative, or other common interest community. (d) An instrument related to a commercial lease. (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. (f) A lien filed or recorded under s. 779.32. (4) Remedies. (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. (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. (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. (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.
Source: WI Statutes (Official Site)URL: https://docs.legis.wisconsin.gov/statutes/statutes/710Fetched: 10/7/2026