Wisconsin Statutes

Wis. Stat. § 706.001 (2026)

Scope and construction

✓ current as of July 2026
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706.001706.001Scope and construction.
706.001(1)(1)Subject to the exclusions in sub. (2), this chapter shall govern every transaction by which any interest in land is created, aliened, mortgaged, assigned or may be otherwise affected in law or in equity.
706.001(2)(2)Excluded from the operation of this chapter are transactions which an interest in land is affected:
706.001(2)(a)(a) By act or operation of law; or
706.001(2)(b)(b) By will; or
706.001(2)(bm)(bm) By nonprobate transfer on death under s. 705.15; or
706.001(2)(c)(c) By lease for a term limited to one year or less; or by contract or option to lease for such period which postpones the commencement of the agreed lease to a time not later than 60 days after the date of the contract or option; or by assignment, modification or termination of lease when, at the time such assignment, modification or termination is made, the unexpired term is limited to one year or less, and remains so limited under the lease as modified; except that instruments relating to such excluded transactions, if in recordable form, shall be entitled to record.
706.001(3)(3)This chapter shall be liberally construed, in cases of conflict or ambiguity, so as to effectuate the intentions of parties who have acted in good faith.
706.001 HistoryHistory: 1999 a. 85 ss. 135, 138; 2005 a. 206.
706.001 AnnotationThe doctrine of part performance is not an “operation of law” under sub. (2) (a) that excludes the application of this chapter to a transaction. Wyss v. Albee, 183 Wis. 2d 245, 515 N.W.2d 517 (Ct. App. 1994).
706.001 AnnotationTransactions in which an interest in land is affected by act or operation of law are excluded from operation of this chapter under sub. (2). Dow Family, LLC v. PHH Mortgage Corp., 2014 WI 56, 354 Wis. 2d 796, 848 N.W.2d 728, 13-0221.
706.001 AnnotationA bank’s mortgage validly attached a lien to a vendor’s interest under a land contract. Wisconsin’s land recording statute is broad enough to include creation of a lien on a vendor’s interest in a land contract, which includes legal title to land. Liebzeit v. Intercity State Bank, FSB, 819 F.3d 981 (2016).
Notes of Decisions
Cited in 27 cases (15 in the last 5 years), 2003–2026 · leading case: Turner v. Taylor, 2003 WI App 256 (Wis. Ct. App. 2003).
Turner v. Taylor, 2003 WI App 256 (Wis. Ct. App. 2003). · cites it 3× “Because an easement is an interest, and because Wis. Stat. §§ 706.001 and 706.09(l)(k) speak in terms of "any interest," we see no escape from the conclusion that easements fall within the scope of § 706.”
Dow Fam., LLC v. PHH Mortg. Corp., 2014 WI 56 (Wis. 2014). · cites it 29× “Equitable assignment occurs by operation of law, which satisfies Wis. Stat. § 706.001 (2)(a),2 a statutory exception to the statute of frauds.”
Dow Fam., LLC v. PHH Mortg. Corp., 2013 WI App 114 (Wis. Ct. App. 2013). · cites it 4× “See Wis. Stat. § 706.001 (1). However, excluded from operation of that chapter are transactions in which an interest in land is affected by act or operation of law.”
Borek Cranberry Marsh, Inc. v. Jackson Cnty., 2010 WI 95 (Wis. 2010). · cites it 2× “§ 706.001(1) and (3) provide in relevant part as follows: (1) [T]his chapter shall govern every transaction by which any interest in land is created, aliened, mortgaged, assigned or may be otherwise affected in law or in equity.”
Prezioso v. Aerts, 2014 WI App 126 (Wis. Ct. App. 2014). · cites it 2× “Wis. Stat. § 706.001 (1). "An easement is an interest in land and therefore governed by Wis.”
Anderson v. Quinn, 2007 WI App 260 (Wis. Ct. App. 2007). · cites it 2× “02 (l)(b); see also Wis. Stat. § 706.001 (1). Courts have interpreted this requirement to mean the conveyance must identify the property with "reasonable certainty.”
Carolina Builders Corp. v. Dietzman, 2007 WI App 201 (Wis. Ct. App. 2007). · cites it 2× “08(l)(a) provides that conveyances that are not recorded as provided by law are void as against a subsequent good-faith purchaser for value. However, "conveyance" does not include transactions in which an interest in land is affected by act or operation of law.”
Larry H. Liebzeit v. Intercity State Bank, FSB, 819 F.3d 981 (7th Cir. 2016). · cites it 3× “Wisconsin’s land recording statute applies to “every transaction by which any interest in land is created, aliened, mortgaged, assigned or may be otherwise affected in law or in equity,” Wis. Stat. § 706.001 (1) (emphasis added); see also id, § 706.”
Smiljanic v. Niedermeyer, 2007 WI App 182 (Wis. Ct. App. 2007). · cites it 2× “" Wis. Stat. § 706.001 . Wisconsin Stat. § 706.”
Seelen v. Couillard (In re Couillard), 486 B.R. 466 (Bankr. W.D. Wis. 2012). · cites it 2× “” See Wis. Stat. § 706.001 (1). For purposes of this statute, a purchaser in good faith is one without notice of any existing rights in the land.”
James Cobb v. Gary A. King, 2022 WI 59 (Wis. 2022). “§ 706.001(3) provided then (and provides now), "[t]his chapter shall be liberally construed, in cases of conflict or ambiguity, so as to effectuate the intentions of parties who have acted in good faith.”
Osberg v. Fibison (In re Fibison), 474 B.R. 864 (Bankr. W.D. Wis. 2011). · cites it 2× “” See Wis. Stat. § 706.001 (1). 12 As such, these provisions indicate that the rights of a vendee under an unrecorded land contract may be trumped by a subsequent purchaser.”
— Wis. Stat. § 706.001(1) — 8 cases
Borek Cranberry Marsh, Inc. v. Jackson Cnty., 2010 WI 95 (Wis. 2010). “§ 706.001(1) and (3) provide in relevant part as follows: (1) [T]his chapter shall govern every transaction by which any interest in land is created, aliened, mortgaged, assigned or may be otherwise affected in law or in equity.”
Jeff Veach v. Charles Barber (Wis. Ct. App. 2022).
Barr Trust v. Patrick R. Raisback (Wis. Ct. App. 2023).
Karen Zahran v. Christine Rademacher (Wis. Ct. App. 2024).
John P. Werler v. Douglas Berends (Wis. Ct. App. 2024).
— Wis. Stat. § 706.001(2) — 2 cases
Dow Fam., LLC v. PHH Mortg. Corp., 2014 WI 56 (Wis. 2014). “Equitable assignment occurs by operation of law, which satisfies Wis. Stat. § 706.001 (2)(a),2 a statutory exception to the statute of frauds.”
Karen Zahran v. Christine Rademacher (Wis. Ct. App. 2024).
— Wis. Stat. § 706.001(2)(a) — 4 cases
Dow Fam., LLC v. PHH Mortg. Corp., 2014 WI 56 (Wis. 2014). “Equitable assignment occurs by operation of law, which satisfies Wis. Stat. § 706.001 (2)(a),2 a statutory exception to the statute of frauds.”
David Stahlnecker v. John Vieth (Wis. Ct. App. 2022).
John P. Werler v. Douglas Berends (Wis. Ct. App. 2024).
Est. of Salwey v. Klein, 686 N.W.2d 455 (Wis. Ct. App. 2004).
— Wis. Stat. § 706.001(2)(c) — 1 case
— Wis. Stat. § 706.001(3) — 2 cases
James Cobb v. Gary A. King, 2022 WI 59 (Wis. 2022). “§ 706.001(3) provided then (and provides now), "[t]his chapter shall be liberally construed, in cases of conflict or ambiguity, so as to effectuate the intentions of parties who have acted in good faith.”
Jody Boquist v. Jane Ballmer (Wis. Ct. App. 2025).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.