Wisconsin Statutes

Wis. Stat. § 706.01 (2026)

Definitions

✓ current as of July 2026

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706.01706.01 Definitions. In this chapter:

706.01(4)(4) “Conveyance” means a written instrument, evidencing a transaction governed by this chapter, that satisfies the requirements of s. 706.02, subject to s. 706.25.

706.01(5)(5) “Conveyance of mineral interests” means any transaction under s. 706.001 (1) entered into for the purpose of determining the presence, location, quality or quantity of metalliferous minerals or for the purpose of mining, developing or extracting metalliferous minerals, or both. Any transaction under s. 706.001 (1) entered into by a mining company is rebuttably presumed to be a conveyance of mineral interests.

706.01(6)(6) “Grantor” means the person from whom an interest in lands passes by conveyance, including, without limitation, lessors, vendors, mortgagors, optionors, releasors, assignors and trust settlors of interest in lands, and “grantee” means the person to whom the interest in land passes. Whenever consistent with the context, reference to the interest of a party includes the interest of the party’s heirs, successors, personal representatives and assigns.

706.01(7)(7) “Homestead” means the dwelling, and so much of the land surrounding it as is reasonably necessary for use of the dwelling as a home, but not less than one-fourth acre, if available, and not exceeding 40 acres.

706.01(7m)(7m) “Interest in minerals” means any fee simple interest in minerals beneath the surface of land that is:

706.01(7m)(a)(a) Separate from the fee simple interest in the surface of the land; and

706.01(7m)(b)(b) Created by an instrument transferring, granting, assigning or reserving the minerals.

706.01(7r)(7r) “Legal description” means a description of a specific parcel of real estate that is described in one of the following ways, whichever is appropriate:

706.01(7r)(a)(a) By one of the ways under s. 66.0217 (1) (c).

706.01(7r)(b)(b) By condominium name and unit number in a platted condominium development.

706.01(8)(8) “Metalliferous minerals” means naturally occurring minerals containing metal.

706.01(8m)(8m) “Mineral” means a naturally occurring substance recognized by standard authorities as mineral, whether metalliferous or nonmetalliferous.

706.01(9)(9) “Mining company” means any person or agent of a person who has a prospecting permit under s. 293.45 or a mining permit under s. 293.49 or 295.58.

706.01(10)(10) “Signed” includes any handwritten signature or symbol on a conveyance intended by the person affixing or adopting the signature or symbol to constitute an execution of the conveyance.

706.01 HistoryHistory: 1971 c. 41; 1977 c. 253; 1983 a. 189, 455; 1993 a. 486; 1995 a. 227; 1999 a. 85; 2005 a. 41, 421; 2013 a. 1; 2015 a. 196; 2021 a. 168.

706.01 AnnotationA necessary implication under s. 706.10 (3) is one that is so clear as to be express; it is a required implication. The words “heirs and assigns,” or any similar language, are unnecessary under s. 706.10 (3) to indicate a transferable interest. As a matter of law, “grantee” has the exact same meaning as “grantee and his heirs and assigns” unless another meaning is expressly stated or implied. Therefore, “heirs and assigns” need not be construed as having any legal effect, and the use of the term in a grant of water flowage rights and not in a grant of sand removal rights in the same deed did not create a necessary implication that the sand rights were non-transferable. Borek Cranberry Marsh, Inc. v. Jackson County, 2010 WI 95, 328 Wis. 2d 613, 785 N.W.2d 615, 08-1144.

Notes of Decisions

Cited in 43 cases (7 in the last 5 years), 1976–2025 · leading case: Borek Cranberry Marsh, Inc. v. Jackson Cnty., 2010 WI 95 (Wis. 2010).

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Borek Cranberry Marsh, Inc. v. Jackson Cnty., 2010 WI 95 (Wis. 2010). · cites it 8× “This interpretation is supported by Wis. Stat. § 706.01 (4), which states that for purposes of chapter 706, the word "conveyance" means "a written instrument evidencing a transaction governed by this chapter, that satisfies the requirements of s.”

Wyss v. Albee, 515 N.W.2d 517 (Wis. Ct. App. 1994). · cites it 20× “But we do not agree with Wyss's interpretation of § 706.01(2), STATS. *257 Section 706.01(2), STATS.”

Michael J. Winger v. Susan M. Winger, 82 F.3d 140 (7th Cir. 1996). · cites it 2× “Defendant alleged as an affirmative defense that Plaintiffs claim violates the statute of frauds as set forth in Wis. Stat. §§ 706.01 , 706.02(1). Prior to trial, Defendant also moved in limine to exclude evidence of an oral agreement as parol evidence.”

Spensley Feeds, Inc. v. Livingston Feed & Lumber, Inc., 381 N.W.2d 601 (Wis. Ct. App. 1985). · cites it 3× “*285 Section 706.01(1), Stats., provides, in substance, that the statute of frauds in sec.”

In Re Carley Capital Grp., 117 B.R. 951 (Bankr. W.D. Wis. 1990). · cites it 7× “the same_” (The current Wis.Stat. § 706.01(4) provides that “A ‘conveyance’ is a written instrument, evidencing a transaction governed by this chapter, which satisfies the requirements of s.”

Smiljanic v. Niedermeyer, 2007 WI App 182 (Wis. Ct. App. 2007). · cites it 3× “However, we have already concluded that the recording of the affidavit did not amend the legal description in the 1948 deed; and it is plain that the affidavit itself is not a conveyance within the meaning of Wis. Stat. § 706.01 (4) because it does not satisfy the requirements…”

Anderson v. Quinn, 2007 WI App 260 (Wis. Ct. App. 2007). · cites it 2× “6 The parties disagree whether the declaration is a "conveyance" for purposes of Wis. Stat. § 706.01 (4). We do not express any opinion on this question.”

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.”

Halverson v. River Falls Youth Hockey Ass'n, 593 N.W.2d 895 (Wis. Ct. App. 1999). · cites it 2× “) 7 Section 706.01, STATS., provides in pertinent part: Subject to the exclusions in sub.”

Cornell Univ. v. Rusk Cnty., 481 N.W.2d 485 (Wis. Ct. App. 1992). · cites it 2× “, the legislature answers this question by grouping mineral interests in the same category as timber interests for purposes of taxation.”

Adashek v. Szatkowski (In Re Szatkowski), 51 B.R. 104 (Bankr. E.D. Wis. 1985). · cites it 3× “Section 706.01(1) provides that chapter 708 governs “every transaction by which any interest in land is created, aliened, mortgaged, assigned or may be otherwise affected in law or in equity.”

Reckner v. Reckner, 314 N.W.2d 159 (Wis. Ct. App. 1981). “15 We note that many deeds expressly designate a property as “homestead property.”

Show all 43 citing cases →

— Wis. Stat. § 706.01(1) — 7 cases

Borek Cranberry Marsh, Inc. v. Jackson Cnty., 2010 WI 95 (Wis. 2010). “This interpretation is supported by Wis. Stat. § 706.01 (4), which states that for purposes of chapter 706, the word "conveyance" means "a written instrument evidencing a transaction governed by this chapter, that satisfies the requirements of s.”

Spensley Feeds, Inc. v. Livingston Feed & Lumber, Inc., 381 N.W.2d 601 (Wis. Ct. App. 1985). “*285 Section 706.01(1), Stats., provides, in substance, that the statute of frauds in sec.”

Adashek v. Szatkowski (In Re Szatkowski), 51 B.R. 104 (Bankr. E.D. Wis. 1985). “Section 706.01(1) provides that chapter 708 governs “every transaction by which any interest in land is created, aliened, mortgaged, assigned or may be otherwise affected in law or in equity.”

Wolter v. Wisconsin Dep't of Revenue, 605 N.W.2d 283 (Wis. Ct. App. 1999).

Gillespie v. Dunlap, 373 N.W.2d 61 (Wis. Ct. App. 1985).

— Wis. Stat. § 706.01(10) — 1 case

Christine T. Delfeld v. Steven D. Delfeld (Wis. Ct. App. 2023).

— Wis. Stat. § 706.01(2) — 2 cases

Wyss v. Albee, 515 N.W.2d 517 (Wis. Ct. App. 1994). “But we do not agree with Wyss's interpretation of § 706.01(2), STATS. *257 Section 706.01(2), STATS.”

Marth v. Edwards, 465 N.W.2d 248 (Wis. Ct. App. 1990).

— Wis. Stat. § 706.01(2)(a) — 2 cases

Wyss v. Albee, 515 N.W.2d 517 (Wis. Ct. App. 1994). “But we do not agree with Wyss's interpretation of § 706.01(2), STATS. *257 Section 706.01(2), STATS.”

Baraboo Nat'l Bank v. State, 544 N.W.2d 909 (Wis. Ct. App. 1996).

— Wis. Stat. § 706.01(3) — 6 cases

State Ex Rel. Westbrook v. City of New Berlin, 354 N.W.2d 206 (Wis. Ct. App. 1984).

R.C.R. Corp. v. Bank of Middleton (In re R.C.R. Corp.), 58 B.R. 291 (W.D. Wis. 1986).

Matter of RCR Corp., 58 B.R. 291 (Bankr. W.D. Wis. 1986).

— Wis. Stat. § 706.01(4) — 13 cases

In Re Carley Capital Grp., 117 B.R. 951 (Bankr. W.D. Wis. 1990). “the same_” (The current Wis.Stat. § 706.01(4) provides that “A ‘conveyance’ is a written instrument, evidencing a transaction governed by this chapter, which satisfies the requirements of s.”

Spensley Feeds, Inc. v. Livingston Feed & Lumber, Inc., 381 N.W.2d 601 (Wis. Ct. App. 1985). “*285 Section 706.01(1), Stats., provides, in substance, that the statute of frauds in sec.”

United States v. Wahlen, 459 F. Supp. 2d 800 (E.D. Wis. 2006).

Smiljanic v. Niedermeyer, 2007 WI App 182 (Wis. Ct. App. 2007). “However, we have already concluded that the recording of the affidavit did not amend the legal description in the 1948 deed; and it is plain that the affidavit itself is not a conveyance within the meaning of Wis. Stat. § 706.01 (4) because it does not satisfy the requirements…”

Schmidt v. Waukesha State Bank, 555 N.W.2d 655 (Wis. Ct. App. 1996).

— Wis. Stat. § 706.01(7) — 3 cases

Reckner v. Reckner, 314 N.W.2d 159 (Wis. Ct. App. 1981). “15 We note that many deeds expressly designate a property as “homestead property.”

Jones v. Est. of Jones, 2002 WI 61 (Wis. 2002).

Droukas v. Est. of Felhofer, 2014 WI App 6 (Wis. Ct. App. 2013).

— Wis. Stat. § 706.01(7m) — 1 case

Cornell Univ. v. Rusk Cnty., 481 N.W.2d 485 (Wis. Ct. App. 1992). “, the legislature answers this question by grouping mineral interests in the same category as timber interests for purposes of taxation.”

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.