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- 2022 LEGISLATURE LRBa1245/1 KRP:cdc SENATE AMENDMENT 1, TO SENATE BILL 682 February 7, 2022 - Offered by SenatACQUE.
- 2022 LEGISLATURE LRB-3677/1 KRP:cjs&wlj SENATE BILL 682 November 11, 2021 - Introduced by Senators J ACQUE, STROEBEL and BALLWEG , cosponsored by Representatives M URPHY , ALLEN, H ORLACHER, M OSES and R AMTHUN .
At the locations indicated, amend the bill as follows:
Referred to Committee on Housing, Commerce and Trade.
1.
A N A CT to renumber and amend 893.33 (6m);
Page 1, line 3:
and to create 893.33 (6m) (b) of the statutes;
delete “for recorded" and substitute “for certain recorded".
relating to:
2.
creating an exception to the 40-year recording requirement for recorded access easements.
Page 2, line 9:
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.
delete that line and substitute “purpose if any of the following applies:
Under current law, the recording requirement for recorded easements and covenants restricting the use of real estate is 40 years, rather than 30 years.
1.
Current law provides a number of exceptions to these limitation periods.
The instrument is recorded on or after January 1, 1960.
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.
2.
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).
A notice or an instrument expressly referring to the easement is recorded on or after January 1, 1960.
In other words, under the bill, an action to enforce an access easement - 2022 Legislature - 2 - LRB-3677/1 KRP:cjs&wlj SENATE BILL 682 is not barred based on the failure to record the access easement within a certain period of time.
3.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
The instrument or instruments expressly referring to the easement were recorded before January 1, 1960, and it is apparent from or can be proved from physical evidence of its use.”.
SECTION 1.
3.
893.33 (6m) of the statutes is renumbered 893.33 (6m) (intro.) and amended to read:
Page 2, line 13:
893.33 (6m) (intro.) This section does not apply to any interest in a any of the following:
after “this subsection" insert “unless a final judgment has been entered resolving the action, defense, or counterclaim".
(a) A conservation easement under s.
700.40.
SECTION 2.
893.33 (6m) (b) of the statutes is created to read:
893.33 (6m) (b) An easement set forth in a recorded instrument that allows a person to travel across another's land to reach a location or for another specified purpose.
SECTION 3.Initial applicability.
(1) This act first applies retroactively to an action commenced or defense or counterclaim asserted before, and first applies to an action commenced or defense or counterclaim asserted on or after, the effective date of this subsection.
(2) This act first applies to an easement set forth in a recorded instrument that is entered into before, on, or after the effective date of this subsection unless the instrument contains provisions inconsistent with that treatment.
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