(6) Public trust information.
A final plat of a subdivision, or a certified survey map of land, to which s. 236.16 (4)
applies shall show on its face the following statement:
“Any land below the ordinary high water mark of a lake or a navigable stream is subject to the public trust in navigable waters that is established under article IX, section 1, of the state constitution."
When a strip of land was labeled on a plat “Public Access" that abutted a lake and connected to a public highway, the plat substantially met the statutory requirement of a “clear dedication to the public." While the dedication did not contain the exact formula found in sub. (4), under Hunt
, 19 Wis. 2d 113
, that is not necessary. Vande Zande v. Town of Marquette, 2008 WI App 144
, 314 Wis. 2d 143
, 758 N.W.2d 187
The circumstances under which the statutory platting standards set forth in s. 236.16 (1), (2), and (3) and sub. (4) (d) may be waived or varied, with specific reference to the approval of island subdivision plats, are discussed. 62 Atty. Gen. 315.
The extent to which local governments may vary the terms of ss. 236.16 (1) and (2) and 236.20 (4) (d) by ordinance is discussed. 64 Atty. Gen. 175.
A proposed plat may not consist solely of outlots. 66 Atty. Gen. 238.
Certificates to accompany plat.
To entitle a final plat to be recorded, the following certificates lettered or printed legibly with a black durable image or typed legibly with black ribbon shall appear on it:
(1) Professional land surveyor's certificate of compliance with statute.
The certificate of the professional land surveyor who surveyed, divided, and mapped the land giving all of the following information, which shall have the same force and effect as an affidavit:
By whose direction the professional land surveyor made the survey, subdivision, and plat of the land described on the plat.
Except as provided in subd. 2.
, a clear and concise description of the land surveyed, divided, and mapped by government lot, recorded private claim, quarter-quarter section, section, township, range, and county and by metes and bounds commencing with a monument at a section or quarter section corner of the quarter section that is not the center of the section, or commencing with a monument at the end of a boundary line of a recorded private claim or federal reservation in which the subdivision is located.
If the land is shown in a recorded subdivision plat, recorded addition to a recorded subdivision plat, or recorded certified survey map that has previously been tied to the monumented line of a quarter section, government lot, recorded private claim, or federal reservation in which the land is located, the land shall be described by the subdivision name or certified survey map number and the description of the lot and block thereof.
A statement that the plat is a correct representation of all the exterior boundaries of the land surveyed and the subdivision of it.
A statement that the professional land surveyor has fully complied with the provisions of this chapter in surveying, dividing, and mapping the land.
A certificate by the owner of the land in substantially the following form: “As owner I hereby certify that I caused the land described on this plat to be surveyed, divided, mapped and dedicated as represented on the plat. I also certify that this plat is required by s. 236.10
to be submitted to the following for approval or objection: (list of governing bodies required to approve or allowed to object to the plat)." This certificate shall be signed by the owner, the owner's spouse, and all persons holding an interest in the fee of record or by being in possession and, if the land is mortgaged, by the mortgagee of record. These signatures shall be acknowledged in accordance with ch. 140
As a condition to approval of the plat, the municipal, town or county body required by s. 236.12
to approve the plat may require that the owner furnish an abstract of title certified to date of submission for approval or, at the option of the owner, a policy of title insurance or certificate of title from an abstract company for examination in order to ascertain whether all parties in interest have signed the owner's certificate on the plat.
(3) Certificate of taxes paid.
A certificate of the clerk or treasurer of the municipality or town in which the subdivision lies and a certificate of the treasurer of the county in which the subdivision lies stating that there are no unpaid taxes or unpaid special assessments on any of the lands included in the plat.
RECORDING OF PLATS
Recording a plat. 236.25(1)(1)
The subdivider shall have the final plat recorded in the office of the register of deeds of the county in which the subdivision is located.
The register of deeds shall not accept a plat for record unless:
It is a permanent nonfading black image on durable white media that is 22 inches wide by 30 inches long or on other media that is acceptable to the register of deeds, complies with the requirements of s. 59.43 (2m) (b) 4.
, and bears a department certification of no objection. Seals or signatures reproduced on images complying with this paragraph shall be given the force and effect of original signatures and seals;
The plat is offered for record within 12 months after the date of the last approval of the plat and within 36 months after the first approval;
The plat shows on its face the approval of all bodies required by s. 236.10
to approve or the certificate of the clerk that the plat is deemed approved under s. 236.11 (2) (a)
The recording of a plat which is not entitled to be recorded under sub. (2)
shall not of itself affect the title of a purchaser of a lot covered by the plat, the donation or dedication of land made by the plat, or the validity of a description of land by reference to the plat, but it allows the purchaser a right to rescind the sale under s. 236.31
Each final plat entitled to be recorded under this section shall be bound or filed by the register of deeds into properly indexed volumes or stored electronically in a plat index. Any facsimile of the original whole record, made and prepared by the register of deeds or under his or her direction shall be deemed to be a true copy of the final plat.
The register of deeds may furnish certified copies or other accurate reproductions of any plat on record in his or her office to surveyors, engineers or other interested parties at cost.
Notification to approving authorities.
When a final plat is recorded, the register of deeds shall notify all authorities required by s. 236.10
to approve or permitted by s. 236.12
to object to the plat by mailing to the clerk of each authority written notice thereof.
History: 1981 c. 314
Filing of copy of plat.
The subdivider shall file a true copy of the final plat as a public record with the clerk of the municipality or town in which the subdivision is located.
Description of lots in recorded plat.
When a subdivision plat has been recorded in accordance with s. 236.25
, the lots in that plat shall be described by the name of the plat and the lot and block in the plat for all purposes, including those of assessment, taxation, devise, descent and conveyance as defined in s. 706.01 (4)
. Any conveyance containing such a description shall be construed to convey to the grantee all portions of vacated streets and alleys abutting such lots and belonging to the grantor unless the grantor by appropriate language indicates an intention to reserve or except them from the conveyance.
History: 1971 c. 41
; 1983 a. 189
s. 329 (26)
One who buys lots with reference to a plat that shows certain ways in common, is entitled to the use, with the other lot owners, of the ways in common. Lot owners in the same subdivision whose lots are purchased with reference to the same plat are estopped to deny the use in common with other lot owners in the subdivision. The recording of the plat and conveyance of lots by the owner with reference to the plat constitutes the granting of an easement to the purchasers of lots within the subdivision to ingress and egress over private roadways in common with other lot owners, and the original proprietors and their grantees are estopped to deny the legal existence of such rights of ingress and egress. Schimmels v. Noordover, 2006 WI App 7
, 288 Wis. 2d 790
, 709 N.W.2d 466
Effect of recording on dedications.
When any plat is certified, signed, acknowledged and recorded as prescribed in this chapter, every donation or grant to the public or any person, society or corporation marked or noted as such on said plat shall be deemed a sufficient conveyance to vest the fee simple of all parcels of land so marked or noted, and shall be considered a general warranty against such donors, their heirs and assigns to the said donees for their use for the purposes therein expressed and no other; and the land intended for the streets, alleys, ways, commons or other public uses as designated on said plat shall be held by the town, city or village in which such plat is situated in trust to and for such uses and purposes.
(2) Dedications to public accepted by approval.
When a final plat of a subdivision has been approved by the governing body of the municipality or town in which the subdivision is located and all other required approvals are obtained and the plat is recorded, that approval constitutes acceptance for the purpose designated on the plat of all lands shown on the plat as dedicated to the public including street dedications.
(3) Municipality may lease to a subdivision association land accepted for park.
The municipality or town in which the accepted subdivision is located may lease to a subdivision association any part of the subdivision intended for park purposes where such part has never been improved nor work done thereon nor funds expended therefor by the governing body, but such lease shall not exceed 10 years and shall only be for park improvement purposes.
(4) Acceptance of storm water facilities dedicated to public.
Notwithstanding sub. (2)
, unless an earlier date is agreed to by the municipality, the dedication of any lands within a plat of a subdivision located within a municipality that are intended to include a permanent man-made facility designed for reducing the quantity or quality impacts of storm water runoff from more than one lot and that are shown on the plat as “Dedicated to the Public for Storm Water Management Purposes" is not accepted until at least 80 percent of the lots in the subdivision have been sold and a professional engineer registered under ch. 443
has certified to the municipality that all of the following conditions are met with respect to the facility:
The facility is functioning properly in accordance with the plans and specifications of the municipality.
Any required plantings are adequate, well-established, and reasonably free of invasive species.
Any necessary maintenance, including removal of construction sediment, has been properly performed.
History: 2007 a. 44
A complaint against plat subdividers by a city set forth a cause of action with respect to costs incurred by the city in moving a tower and acquiring a right-of-way when the plat of a street dedicated as part of a subdivision did not show the existence, location, or easement of a power company's transmission line located in the area platted as a street. Kenosha v. Ghysels, 46 Wis. 2d 418
, 175 N.W.2d 223
While sub. (1) provides that “every donation or grant to the public ... marked or noted as such on [a properly recorded] plat shall be deemed a sufficient conveyance to vest the fee simple of all parcels of land so marked or noted," statutory dedication requires compliance with statutory procedure. For the state to rely on sub. (1) to convey property via a certified survey map (CSM) that marked a parcel as a dedication, the property first has to be properly dedicated in accordance with s. 236.34 (1m) (e). Under that statute, the city council or village or town board involved must have approved the dedication. As no governmental board involved in the development in this case approved any road dedication or land grant for inclusion in the CSM, the CSM lacked the force and effect required to convey the property to the state. Somers USA, LLC v. Department of Transportation, 2015 WI App 33
, 361 Wis. 2d 807
, 864 N.W.2d 114
Certain restrictions void. 236.292(1)(1)
All restrictions on platted land that interfere with the development of the ice age trail under s. 23.17
All restrictions on platted land that prevent or unduly restrict the construction and operation of solar energy systems, as defined in s. 13.48 (2) (h) 1. g.
, or a wind energy system, as defined in s. 66.0403 (1) (m)
, are void.
Restrictions for public benefit.
Any restriction placed on platted land by covenant, grant of easement or in any other manner, which was required by a public body or which names a public body or public utility as grantee, promisee or beneficiary, vests in the public body or public utility the right to enforce the restriction at law or in equity against anyone who has or acquires an interest in the land subject to the restriction. The restriction may be released or waived in writing by the public body or public utility having the right of enforcement.
History: 1979 c. 248
The hidden dangers of placing easements on plats. Ishikawa. WBB Apr. 1988.
Correction instruments. 236.295(1)(1)
Correction instruments shall be recorded in the office of the register of deeds in the county in which the plat or certified survey map is recorded and may include any of the following:
Affidavits to correct distances, angles, directions, bearings, chords, block or lot numbers, street names, or other details shown on a recorded plat or certified survey map. A correction instrument may not be used to reconfigure lots or outlots.
Ratifications of a recorded plat or certified survey map signed and acknowledged in accordance with ch. 140
Certificates of owners and mortgagees of record at time of recording.
Each affidavit in sub. (1) (a)
correcting a plat or certified survey map that changes areas dedicated to the public or restrictions for the public benefit must be approved prior to recording by the governing body of the municipality or town in which the subdivision is located. The register of deeds shall include on the plat or certified survey map a notation of the document number of the affidavit or instrument and, if the affidavit or instrument is assigned a volume and page number, the volume and page where the affidavit or instrument is recorded. The record of the affidavit or instrument, or a certified copy of the record, is prima facie evidence of the facts stated in the affidavit or instrument.
Notwithstanding par. (a)
, in a county that maintains a tract index pursuant to s. 59.43 (12m)
, a correction may be made by reference in the tract index to the plat or certified survey map.
This section does not apply to assessors plats. 61 Atty. Gen. 25.
PENALTIES AND REMEDIES
Forfeiture for improper recording.
Any person causing his or her final plat to be recorded without submitting such plat for approval as herein required, or who shall fail to present the same for record within the time prescribed after approval, shall forfeit not less than $100, nor more than $1,000 to each municipality, town or county wherein such final plat should have been submitted.
History: 1979 c. 248
s. 25 (5)
Penalties and remedies for transfer of lots without recorded plat. 236.31(1)(1)
Any subdivider or the subdivider's agent who offers or contracts to convey, or conveys, any subdivision as defined in s. 236.02 (12)
or lot or parcel which lies in a subdivision as defined in s. 236.02 (12)
knowing that the final plat thereof has not been recorded may be fined not more than $500 or imprisoned not more than 6 months or both; except where the preliminary or final plat of the subdivision has been filed for approval with the town or municipality in which the subdivision lies, an offer or contract to convey may be made if that offer or contract states on its face that it is contingent upon approval of the final plat and shall be void if such plat is not approved.
Any municipality, town, county, or state agency with subdivision review authority may institute injunction or other appropriate action or proceeding to enjoin a violation of any provision of this chapter, an ordinance, or a rule adopted under this chapter. Any such municipality, town, or county may impose a forfeiture for violation of any such ordinance, and order an assessor's plat to be made under s. 70.27
at the expense of the subdivider or the subdivider's agent when a subdivision is created under s. 236.02 (12) (am) 2.
by successive divisions.
Any conveyance or contract to convey made by the subdivider or the subdivider's agent contrary to this section or involving a plat which was not entitled to be recorded under s. 236.25 (2)
shall be voidable at the option of the purchaser or person contracting to purchase, his or her heirs, personal representative or trustee in insolvency or bankruptcy within one year after the execution of the document or contract; but such document or contract shall be binding on the vendor, the subdivider's assignee, heir or devisee.
Sub. (3) does not allow a purchaser to force a seller to violate sub. (1) and become subject to criminal penalties by doing so. Gordie Boucher Lincoln-Mercury v. J & H Landfill, 172 Wis. 2d 333
, 493 N.W.2d 375
(Ct. App. 1992).
Certified survey maps under s. 236.34 cannot substitute for subdivision surveys under s. 236.02 (8) [now sub. (12)]. Penalties under this section apply to improper use of certified surveys. 67 Atty. Gen. 294.
Penalty for disturbing or not placing monuments. 236.32(1m)(1m)
Any of the following may be fined not more than $250 or imprisoned not more than one year in county jail for any of the following violations:
Any owner, professional land surveyor, or subdivider who fails to place monuments as prescribed in this chapter when subdividing land.
Any person who knowingly removes or disturbs any such monument without the permission of the governing body of the municipality or county in which the subdivision is located or fails to report such disturbance or removal to it.
Any person who fails to replace properly any monuments that have been removed or disturbed when ordered to do so by the governing body of the municipality or county in which the subdivision is located.
Each monument to which a violation under sub. (1m)
applies constitutes a separate violation.
History: 2013 a. 358
Division of land into small parcels in cities of the first class prohibited; penalty.
It shall be unlawful to divide or subdivide and convey by deed or otherwise any lot in any recorded plat or any parcel or tract of unplatted land in any city of the first class so as to create a lot or parcel of land which does not have street or public highway frontage of at least 4 feet or an easement to a street or public highway of a minimum width of 4 feet but this section shall not apply to conveyances by tax deed or through the exercise of eminent domain or to such reductions in size or area as are caused by the taking of property for public purposes. This section shall not prohibit the dividing or subdividing of any lot or parcel of land in any such city where the divided or subdivided parts thereof which become joined in ownership with any other lot or parcel of land comply with the requirements of this section, if the remaining portion of such lot or parcel so divided or subdivided complies. Any person who shall make such conveyance or procure such a sale or act as agent in procuring such sale or conveyance shall be fined not less than $100 or more than $500 or imprisoned not more than 6 months or both.
Prohibited subdividing; forfeit.
No lot or parcel in a recorded plat may be divided, or used if so divided, for purposes of sale or building development if the resulting lots or parcels do not conform to this chapter, to any applicable ordinance of the approving authority or to the rules of the department of safety and professional services under s. 236.13
. Any person making or causing such a division to be made shall forfeit not less than $100 nor more than $500 to the approving authority, or to the state if there is a violation of this chapter or the rules of the department of safety and professional services.
The circumstances under which lots in a recorded subdivision may be legally divided without replatting are discussed. 64 Atty. Gen. 80.