59.43 Cross-referenceCross-reference: See s. 779.97 for fees for filing federal liens and releases of liens.
59.43 Cross-referenceCross-reference: See s. 182.01 (3) for the requirement that certain corporate documents must bear the name of the drafter of the instrument before it may be filed by the Department of Financial Institutions.
59.43 AnnotationThe express powers to appoint and discharge deputies under this section are separate from those of the county and are not subject to a collective bargaining agreement entered into by the county. Crawford County v. WERC, 177 Wis. 2d 66, 501 N.W.2d 836 (Ct. App. 1993).
59.43 AnnotationCrawford County, 177 Wis. 2d 66 (1993), is restricted to its facts. Deputized employees, apart from a chief deputy, are exempt from the terms of collective bargaining agreements only to the extent that they are managerial or supervisory employees. County of Eau Claire v. AFSCME Local 2223, 190 Wis. 2d 298, 526 N.W.2d 802 (Ct. App. 1994).
59.43 AnnotationExcept for their elected superior’s power to appoint and discharge, chief deputies are subject to the Municipal Employment Relations Act, ss. 111.70 to 111.77, and are not excluded from a collective bargaining unit as a matter of law. Oneida County v. WERC, 2000 WI App 191, 238 Wis. 2d 763, 618 N.W.2d 891, 00-0466.
59.43 AnnotationA register of deeds does not have authority to correct an original recording of a deed made by a predecessor. 61 Atty. Gen. 189.
59.43 AnnotationIn a county maintaining a tract index system, the register of deeds must enter into the index any deed, mortgage, or other recorded instrument that affects title to or mentions an indexed tract or any part thereof. 63 Atty. Gen. 254.
59.43 AnnotationSection 59.513 [now sub. (5)] does not apply unless the instrument affects real estate in the manner described in the statute. 63 Atty. Gen. 594.
59.43 AnnotationRegisters of deeds have no obligation to file or record “common-law liens” or “common-law writs of attachment.” 69 Atty. Gen. 58.
59.43 AnnotationRegisters of deeds entering into contracts under sub. (2) (c) may insist on provisions protecting the identity and integrity of records obtained under the contracts and protecting the public. Authority to require provisions directly prohibiting the contracting party from selling or disseminating copies of the records is not prohibited and may reasonably be implied from the general contracting authority under sub. (2) (c). OAG 1-03.
59.43 AnnotationThe fee requirements of sub. (2) (b), not those of s. 19.35 (3), apply to electronic copies of records obtained pursuant sub. (4), unless the requester has entered into a contract authorized by sub. (2) (c). OAG 1-03.
59.43 AnnotationUnder s. 706.05 (1), only instruments that affect an interest in land are entitled to be recorded. A land patent is the instrument by which the government conveys title to portions of the public domain to private individuals. “Land patents,” “updates of land patent,” and other similarly-titled documents filed by private individuals that purport to be grants of private land from private individuals to themselves or other private individuals are not true land patents and are invalid on their face and not entitled to recording under s. 706.05 (1). OAG 4-12.
59.4459.44County abstractor; appointment; duties; fees.
59.44(1)(1)
59.44(1)(a)(a) Except as provided under par. (b), whenever any county adopts a tract index system or any recognized chain of title system, the board may create a department to be known as an abstract department, either in connection with or independent of the office of the register of deeds, as the board considers advisable. The board may appoint a competent person for a term of 2 years, who shall be known as the county abstractor, and shall have charge of and operate the abstract department. The board shall furnish a seal for the abstractor, who shall place the seal on every abstract issued by the abstractor.
59.44(1)(b)(b) In any county with a county executive or a county administrator, if the county creates an abstract department under par. (a), the county executive or county administrator shall appoint and supervise the county abstractor. Such appointment shall be subject to confirmation by the board unless the board, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.52 (8) or ch. 63.
59.44(2)(2)The register of deeds shall be eligible to hold the office of county abstractor and may hold both offices at the same time.
59.44(3)(3)The county abstractor shall make and deliver to any person an abstract of title to any land in the county, upon the payment of the required fee.
59.44(4)(4)The board shall fix the salary of said abstractor, provide such clerical assistance as may be necessary and fix their compensation and shall fix the fees to be received for the compiling and furnishing of abstracts and may at any time prescribe regulations for the operation and conduct of said department. All fees received for the compiling and furnishing of abstracts shall be paid into the county treasury.
59.44(5)(5)The board may by two-thirds vote of all the members of the board discontinue furnishing abstracts.
59.44 HistoryHistory: 1985 a. 29; 1991 a. 316; 1995 a. 201 s. 387; Stats. 1995 s. 59.44; 1995 a. 225 s. 163; 1997 a. 35.
59.4559.45County surveyor; duties, deputies, fees.
59.45(1)(1)Surveyor; duties.
59.45(1)(a)(a) The county surveyor shall do all of the following:
59.45(1)(a)1.1. Execute, personally or by a deputy, all surveys that are required by the county or by a court. Surveys for individuals or corporations may be executed at the county surveyor’s discretion.
59.45(1)(a)2.2. Make, personally or by a deputy, a record, in books or on drawings and plats that are kept for that purpose, of all corners that are set and the manner of fixing the corners, of each survey made personally, by deputies or by other professional land surveyors and arrange or index the record so it is an easy-to-use reference and file and preserve in the office the original field notes and calculation thereof. Within 60 days after completing any survey, the county surveyor shall make a true and correct copy of the foregoing record, in record books or on reproducible papers to be furnished by the county and kept in files in the office of the county surveyor to be provided by the county. In a county with a population of 750,000 or more where there is no county surveyor, a copy of the record shall also be filed in the office of the regional planning commission which acts in the capacity of county surveyor for the county.
59.45(1)(a)3.3. Furnish a copy of any record, plat or paper in the office to any person on demand and upon payment to the county of the required fees.
59.45(1)(a)4.4. Administer to every survey assistant engaged in any survey, before commencing their duties, an oath or affirmation to faithfully and impartially discharge the duties of survey assistant, and the deputies are empowered to administer the same.
59.45(1)(a)5.5. Perform all other duties that are required by law.