Importance of the Register of Deeds
The filing or recording of various legal documents with the Register of Deeds (ROD) is a way of putting the world on notice that something important has happened or will happen. The time of the transaction is often an important element in rights and relationships. The ROD records the time when, in effect, the public record is established. In legal terms, this important function is described as providing constructive notice.
The ROD provides constructive notice when filing or recording real estate, birth, death and marriage records.
Ownership of rights in and claims on property constitute one of the chief forms of wealth in American society. Accurate descriptions of property help society avoid wasteful battles over boundaries and rights. Records of the existence and exact nature of those rights are keys to orderly economic activity relating to that property. The Register of Deeds (ROD) is able to tell who, what, and when about property. This function is extremely important.
Local government property tax base is defined from records of the ROD. The business community and consumers are served through Uniform Commercial Code filings. Business loans are made simpler, more secure, less expensive, and more widely available to the mutual benefit of those involved in the use of credit involving personal property, crops, and/or fixtures.
The responsibilities of the office are set forth in the Wisconsin Statutes. The Register of Deeds serves a statewide purpose, although elected at the county level.
The general nature of the office of the Register of Deeds is described as ministerial. The ROD has no discretion about whether or not to perform tasks required by the Wisconsin Statutes. Nevertheless, an opinion of the Wisconsin Attorney General qualifies this general position somewhat.
The Attorney General says that the ROD must read the law and judge whether the law requires the ROD to perform a duty. In other words, the ROD must not assume that every document presented at the office must be recorded or filed. Judgments have to be made. Even more specifically, the statutes require that the ROD judge whether plat documents meet the statutory criteria to be recorded.
In summary, the Register of Deeds must, from time to time, exercise judgment and decide whether statutory conditions are met before accepting a document. A good rule to follow is to consult the corporation counsel or district attorney when the proper action is unclear.
The ROD provides constructive notice when filing or recording real estate, birth, death and marriage records.
Ownership of rights in and claims on property constitute one of the chief forms of wealth in American society. Accurate descriptions of property help society avoid wasteful battles over boundaries and rights. Records of the existence and exact nature of those rights are keys to orderly economic activity relating to that property. The Register of Deeds (ROD) is able to tell who, what, and when about property. This function is extremely important.
Local government property tax base is defined from records of the ROD. The business community and consumers are served through Uniform Commercial Code filings. Business loans are made simpler, more secure, less expensive, and more widely available to the mutual benefit of those involved in the use of credit involving personal property, crops, and/or fixtures.
The responsibilities of the office are set forth in the Wisconsin Statutes. The Register of Deeds serves a statewide purpose, although elected at the county level.
The general nature of the office of the Register of Deeds is described as ministerial. The ROD has no discretion about whether or not to perform tasks required by the Wisconsin Statutes. Nevertheless, an opinion of the Wisconsin Attorney General qualifies this general position somewhat.
The Attorney General says that the ROD must read the law and judge whether the law requires the ROD to perform a duty. In other words, the ROD must not assume that every document presented at the office must be recorded or filed. Judgments have to be made. Even more specifically, the statutes require that the ROD judge whether plat documents meet the statutory criteria to be recorded.
In summary, the Register of Deeds must, from time to time, exercise judgment and decide whether statutory conditions are met before accepting a document. A good rule to follow is to consult the corporation counsel or district attorney when the proper action is unclear.