LRB-3677/1
KRP:cjs&wlj
2021 - 2022 LEGISLATURE
November 11, 2021 - Introduced by Senators Jacque,
Stroebel and Ballweg,
cosponsored by Representatives
Murphy, Allen, Horlacher, Moses and
Ramthun. Referred to Committee on Housing, Commerce and Trade.
SB682,1,3
1An Act to renumber and amend 893.33 (6m); and
to create 893.33 (6m) (b) of
2the statutes;
relating to: creating an exception to the 40-year recording
3requirement for recorded access easements.
Analysis by the Legislative Reference Bureau
Current law generally bars actions affecting title to real estate that are based
on instruments executed or recorded more than 30 years prior to the commencement
of the action unless an instrument expressly referring to the existence of the claim
or defense has been recorded in the office of the register of deeds of the county where
the real estate is located within 30 years after the execution or recording of the
original instrument and within each successive 30-year period thereafter. Under
current law, the recording requirement for recorded easements and covenants
restricting the use of real estate is 40 years, rather than 30 years. Current law
provides a number of exceptions to these limitation periods. For example, the
recording requirement does not apply to a conservation easement or to any interest
in real estate owned by a railroad corporation, public service corporation, or the
state.
This bill creates an additional exception to the recording requirement for an
easement that is set forth in a recorded instrument and that allows a person to travel
across another's land to reach a location or for another specified purpose (access
easement). In other words, under the bill, an action to enforce an access easement
is not barred based on the failure to record the access easement within a certain
period of time.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB682,1
1Section
1. 893.33 (6m) of the statutes is renumbered 893.33 (6m) (intro.) and
2amended to read:
SB682,2,43
893.33
(6m) (intro.) This section does not apply to
any an interest in
a any of
4the following:
SB682,2,5
5(a) A conservation easement under s. 700.40.
SB682,2
6Section
2. 893.33 (6m) (b) of the statutes is created to read:
SB682,2,97
893.33
(6m) (b) An easement set forth in a recorded instrument that allows a
8person to travel across another's land to reach a location or for another specified
9purpose.
SB682,3
10Section
3.
Initial applicability.
SB682,2,1311
(1) This act first applies retroactively to an action commenced or defense or
12counterclaim asserted before, and first applies to an action commenced or defense or
13counterclaim asserted on or after, the effective date of this subsection.
SB682,2,1614
(2) This act first applies to an easement set forth in a recorded instrument that
15is entered into before, on, or after the effective date of this subsection unless the
16instrument contains provisions inconsistent with that treatment.
