- 2022 LEGISLATURE LRBa1245/1LRB-3677/1 KRP:cdcKRP:cjs&wlj SENATE AMENDMENTBILL 1,682 TONovember SENATE11, BILL2021 682- FebruaryIntroduced 7,by 2022Senators -J OfferedACQUE, STROEBEL and BALLWEG , cosponsored by SenatACQUE.Representatives M URPHY , ALLEN, H ORLACHER, M OSES and R AMTHUN .
AtReferred theto locationsCommittee indicated,on amendHousing, theCommerce billand asTrade. follows:
1.A N A CT to renumber and amend 893.33 (6m);
Pageand 1,to linecreate 3:893.33 (6m) (b) of the statutes;
deleterelating “forto: recorded" and substitute “for certain recorded".
2.creating an exception to the 40-year recording requirement for recorded access easements.
PageAnalysis 2,by linethe 9: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.
deleteUnder thatcurrent linelaw, the recording requirement for recorded easements and substitutecovenants “purposerestricting ifthe anyuse of thereal followingestate applies:is 40 years, rather than 30 years.
1.Current law provides a number of exceptions to these limitation periods.
TheFor instrumentexample, isthe recordedrecording onrequirement does not apply to a conservation easement or afterto Januaryany 1,interest 1960.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).
AIn noticeother orwords, anunder instrumentthe expresslybill, referringan action to theenforce an access easement - 2022 Legislature - 2 - LRB-3677/1 KRP:cjs&wlj SENATE BILL 682 is recordednot barred based on orthe afterfailure Januaryto 1,record 1960.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:
TheSECTION instrument1. 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.”.
3.893.33 (6m) of the statutes is renumbered 893.33 (6m) (intro.) and amended to read:
Page893.33 2,(6m) line(intro.) 13:This section does not apply to any interest in a any of the following:
after(a) “thisA subsection"conservation inserteasement “unlessunder as. final judgment has been entered resolving the action, defense, or counterclaim".
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.