reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 823 - Nuisances. › 823.113 - Drug or criminal gang house a public nuisance.

823.113
Drug or criminal gang house a public nuisance.
(1)
Any building or structure that is used to facilitate the delivery, distribution or manufacture, as defined in s. 961.01 (6), (9) and (13) respectively, of a controlled substance, as defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m), and any building or structure where those acts take place, is a public nuisance and may be proceeded against under this section.
(1m)
(a)
In this subsection, “criminal gang" has the meaning given in s. 939.22 (9).
(b)
Any building or structure that is used as a meeting place of a criminal gang or that is used to facilitate the activities of a criminal gang, is a public nuisance and may be proceeded against under this section.
(2)
If a nuisance exists, the city, town or village where the property is located may maintain an action in the circuit court to abate the nuisance and to perpetually enjoin every person guilty of creating or maintaining the nuisance, the owner, lessee or tenant of the building or structure where the nuisance exists and the owner of the land upon which the building or structure is located, from continuing, maintaining or permitting the nuisance.
(3)
If the existence of the nuisance is shown in the action to the satisfaction of the court, either by verified complaint or affidavit, the court shall issue a temporary injunction to abate and prevent the continuance or recurrence of the nuisance, including the issuance of an order requiring the closure of the property. Any temporary injunction issued in an action begun under this subsection shall be issued without requiring the undertaking specified in s. 813.06.
(4)
In ruling upon a request for closure, whether for a defined or undefined duration, the court shall consider all of the following factors:
(a)
The extent and duration of the nuisance at the time of the request.
(b)
Prior efforts by the defendant to comply with previous court orders to abate the nuisance.
(c)
The nature and extent of any effect that the nuisance has upon other persons, such as residents or businesses.
(d)
The effect of granting the request upon any resident or occupant of the premises who is not named in the action, including the availability of alternative housing or relocation assistance, the pendency of any action to evict a resident or occupant and any evidence of participation by a resident or occupant in the nuisance activity.
History:  1989 a. 122; 1993 a. 98; 1995 a. 448.
An order under this section for closure and sale of an apartment house did not violate the constitutional protection against excessive fines. City of Milwaukee v. Arrieh, 211 Wis. 2d 764, 565 N.W.2d 291 (Ct. App. 1997), 96-0482.
2023 Wisconsin Statutes & Annotations › Chapter 823 - Nuisances. › 823.114 - Judgment and order of sale of property.

823.114
Judgment and order of sale of property.
(1)
If the existence of the nuisance is established in an action under s. 823.113, an order of abatement shall be entered as part of the judgment in the case. In that order, the court shall do all of the following:
(a)
Direct the removal from the building or structure of all furniture, equipment and other personal property used in the nuisance.
(b)
Order the sale of the personal property.
(c)
Order the closure of the building or structure for any purpose.
(d)
Order the closure of the building or structure until all building code violations are corrected and a new certificate of occupancy is issued if required by the city, town or village within which the property is located and the building or structure is released under s. 823.15 or sold under s. 823.115.
(e)
Order the sale of the building or structure and the land upon that it is located or, if the requirements under s. 66.0413 (1) (c) are met, order that the building or structure be razed, the land sold, and the expense of the razing collected under s. 823.06.
(2)
Any person breaking and entering or using a building or structure ordered closed under sub. (1) shall be punished for contempt under s. 823.12.
History:  1989 a. 122; 1993 a. 213; 2001 a. 30.
2023 Wisconsin Statutes & Annotations › Chapter 823 - Nuisances. › 823.115 - Sale of property and use of proceeds.

823.115
Sale of property and use of proceeds.
(1)
If personal and real property are ordered sold under s. 823.114, and the real property is not released to the owner under s. 823.15, the plaintiff in the action under s. 823.113 shall sell the property at the highest available price. The city, town or village may sell the property at either a public or private sale. The proceeds of the sale shall be applied to the payment of the costs of the action and abatement and any liens on the property, and the balance, if any, paid as provided in sub. (2). The plaintiff may file a notice of the pendency of the action as in actions affecting the title to real estate and if the owner of the building or structure, or the owner of the land upon which the building or structure is located, is found guilty of the nuisance, the judgment for costs of the action not paid out of the proceeds of the sale of the property shall constitute a lien on the real estate prior to any other lien created after the filing of the lis pendens, except a lien under s. 292.31 (8) (i) or 292.81.
(2)
Any balance remaining from the proceeds of the sale of property under sub. (1) shall be paid in equal shares to the following agencies or officials for the purposes listed:
(a)
The law enforcement agency of the city, town or village that brought the action, to be used for gang-related and drug-related law enforcement activities.
(b)
The treasurer of the city, town or village that brought the action, to be placed in a fund that is used to provide grants to organizations for gang abatement and drug and alcohol treatment programs for residents of the city, town or village that brought the action.
(c)
The treasurer of the city, town or village that brought the action, to be placed in a fund that is used to provide grants to organizations for housing rehabilitation, neighborhood revitalization and neighborhood crime prevention activities in the city, town or village that brought the action.
History:  1989 a. 122; 1993 a. 98, 453; 1995 a. 227; 1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 823 - Nuisances. › 823.12 - Punishment for violation of injunction.

823.12
Punishment for violation of injunction.
A party found guilty of contempt for the violation of any injunction granted under ss. 823.09 to 823.15 shall be punished by a fine of not less than $200 nor more than $1,000 or by imprisonment in the county jail not less than 3 nor more than 6 months or both.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 762 (1975), 782; Stats. 1975 s. 823.12.
2023 Wisconsin Statutes & Annotations › Chapter 823 - Nuisances. › 823.13 - Judgment and execution; sale of fixtures.

823.13
Judgment and execution; sale of fixtures.
If the existence of the nuisance be established in an action under s. 823.09, or in a criminal proceeding, an order of abatement shall be entered as a part of the judgment in the case, which order shall direct the removal from the building or place of all fixtures, furniture, musical instruments, or movable property used in conducting the nuisance, and shall direct the sale thereof in the manner provided for the sale of chattels under execution, and the effectual closing of the building or place against its use for any purpose, and so keeping it closed for a period of one year, unless sooner released. If any person shall break and enter or use a building, erection, or place so directed to be closed the person shall be punished as for contempt, as provided in s. 823.12.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 762, 782 (1975); Stats. 1975 s. 823.13; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 823 - Nuisances. › 823.14 - Application of proceeds of sale; lis pendens.

823.14
Application of proceeds of sale; lis pendens.
The proceeds of the sale of such personal property, shall be applied in the payment of the costs of the action and abatement and the balance, if any, shall be paid to the defendant. The plaintiff may file a notice of the pendency of the action as in actions affecting the title to real estate; and if the owner of the premises affected be adjudged guilty of the nuisance, the judgment for costs shall constitute a lien thereon prior to any other lien created after the filing of such lis pendens.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 762 (1975); Stats. 1975 s. 823.14.
2023 Wisconsin Statutes & Annotations › Chapter 823 - Nuisances. › 823.15 - Undertaking to release building or structure.

823.15
Undertaking to release building or structure.
The owner of any building or structure, or the owner of the land upon which the building or structure is located, affected by an action under s. 823.10 or 823.113 may appear at any time after the commencement of the action and file an undertaking in a sum and with the sureties required by the court to the effect that he or she will immediately abate the alleged nuisance, if it exists, and prevent the same from being reestablished in the building or structure, and will pay all costs that may be awarded against him or her in the action. Upon receipt of the undertaking, the court may dismiss the action as to the building or structure and revoke any order previously made closing the building or structure; but that dismissal and revocation shall not release the property from any judgment, lien, penalty, or liability that the property is subject to by law. The court has discretion in accepting any undertaking, the sum, supervision, satisfaction, and all other conditions of the undertaking, but the period that the undertaking shall run may not be less than one year.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 762, 782 (1975); Stats. 1975 s. 823.15; 1989 a. 122.
2023 Wisconsin Statutes & Annotations › Chapter 823 - Nuisances. › 823.16 - Remedy of lessor of place of prostitution.

823.16
Remedy of lessor of place of prostitution.
If the lessee of a place has been convicted of keeping that place as a place of prostitution or if such place has been adjudged a nuisance under this chapter, the lease by which such place is held is void and the lessor shall have the same remedies for regaining possession of the premises as the lessor would have against a tenant holding over the tenant's term.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 762 (1975); Stats. 1975 s. 823.16; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 823 - Nuisances. › 823.20 - Gambling place a public nuisance.

823.20
Gambling place a public nuisance.
(1)
Any gambling place, as defined in s. 945.01 (4) (a), is a public nuisance and may be proceeded against under this chapter.
(2)
Any citizen of the county in which such nuisance exists may bring an action, without showing special damages or injury, to enjoin or abate the nuisance. The court after 3 days' notice to the defendants may allow a temporary injunction without bond. The action shall be dismissed only if the court is satisfied that it should be dismissed on its merits. If application for dismissal is made, the court may continue the action and by order require the attorney general to prosecute it.
(3)
If the lessee of the place has been convicted of the crime of commercial gambling because of having operated that place as a gambling place or if such place has been adjudged a nuisance under this chapter, the lease by which such place is held is void and the lessor shall have the same remedies for regaining possession of the premises as the lessor would have against a tenant holding over the tenant's term.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 762 (1975); Stats. 1975 s. 823.20; 1993 a. 486; 1995 a. 11.
2023 Wisconsin Statutes & Annotations › Chapter 823 - Nuisances. › 823.21 - Dilapidated buildings declared nuisances.

823.21
Dilapidated buildings declared nuisances.
Any building which, under s. 66.0413 (1) (b) 1., has been declared so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or has been determined to be unreasonable to repair under s. 66.0413 (1) (b) 1. is a public nuisance and may be proceeded against under this chapter.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 762 (1975); Stats. 1975 s. 823.21; 1993 a. 213; 1999 a. 150.
2023 Wisconsin Statutes & Annotations › Chapter 823 - Nuisances. › 823.215 - Dilapidated wharves and piers in navigable waters declared nuisances.

823.215
Dilapidated wharves and piers in navigable waters declared nuisances.
Any wharf or pier in navigable waters which is declared so old, dilapidated or in need of repair that it is dangerous, unsafe or unfit for use under s. 30.13 (5m) (a) 2. or repair is determined unreasonable under that section is a public nuisance and may be proceeded against under this chapter.
History:  1981 c. 252; 1999 a. 150 ss. 666, 672; 2001 a. 30 s. 108.
2023 Wisconsin Statutes & Annotations › Chapter 840 - Real property actions; general provisions. › 840.01 - Definition of interest in real property.

840.01
Definition of interest in real property.
As used in chs. 840 to 846:
(1)
Except as provided in sub. (2), “interest in real property" includes estates in, powers of appointment under ch. 702 over, present and future rights to, title to, and interests in real property, including, without limitation by enumeration, security interests and liens on land, easements, profits, rights of appointees under powers of appointment, rights under covenants running with the land, powers of termination, and homestead rights. The interest may be an interest that was formerly designated legal or equitable. The interest may be surface, subsurface, suprasurface, riparian, or littoral.
(2)
“Interest in real property" does not include interests held only as a member of the public nor does it include licenses.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975), 782; Stats. 1975 s. 840.01; 1983 a. 186; 1999 a. 85; 2013 a. 92.
In an action for unreasonable interference with an easement, it was reasonable for the court to order the defendant landowner to place a fence post at least 2 feet away from a right-of-way as interference to easements can be caused even if objects do not physically touch the right-of-way. Hunter v. McDonald, 78 Wis. 2d 338, 254 N.W.2d 282 (1978).
A municipality's regulatory power to condemn, assess, tax, and zone property within its boundaries is not an “interest in real property" under this section. Village of Hobart v. Oneida Tribe of Indians of Wisconsin, 2007 WI App 180, 303 Wis. 2d 761, 736 N.W.2d 896, 06-2639.
2023 Wisconsin Statutes & Annotations › Chapter 840 - Real property actions; general provisions. › 840.02 - Chapters applicable.

840.02
Chapters applicable.
Except as otherwise provided in chs. 840 to 846, the general rules of practice and procedure in chs. 750 to 758 and 801 to 847 shall apply to actions and proceedings under chs. 840 to 846.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767, 782 (1975); Stats. 1975 s. 840.02; 1979 c. 89; 1981 c. 314.
2023 Wisconsin Statutes & Annotations › Chapter 840 - Real property actions; general provisions. › 840.03 - Real property remedies.

840.03
Real property remedies.
(1)
Any person having an interest in real property may bring an action relating to that interest, in which the person may demand the following remedies singly, or in any combination, or in combination with other remedies not listed, unless the use of a remedy is denied in a specified situation:
(a)
Declaration of interest.
(b)
Extinguishment or foreclosure of interest of another.
(c)
Partition of interest.
(d)
Enforcement of interest.
(e)
Judicial rescission of contract.
(f)
Specific performance of contract or covenant.
(g)
Judicial sale of property and allocation of proceeds.
(h)
Restitution.
(i)
Judicial conveyance of interest.
(j)
Possession.
(k)
Immediate physical possession.
(L)
Restraint of another's use of, or activities on, or encroachment upon land in which plaintiff has an interest.
(m)
Restraint of another's use of, activities on, or disposition of land in which plaintiff has no interest; but the use, activity or disposition affect plaintiff's interest.
(n)
Restraint of interference with rights in, on or to land.
(o)
Damages.
(2)
The indication of the form and kind of judgment in a chapter dealing with a particular remedy shall not limit the availability of any other remedies appropriate to a particular situation.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 840.03; 1993 a. 486.
The Wisconsin legislature intended to create a cause of action under this section. SJ Properties Suites v. Specialty Finance Group, LLC, 864 F. Supp. 2d 776 (2012).
2023 Wisconsin Statutes & Annotations › Chapter 840 - Real property actions; general provisions. › 840.035 - Provisional remedies.

840.035
Provisional remedies.
Provisional remedies may be granted as appropriate.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 840.035.
2023 Wisconsin Statutes & Annotations › Chapter 840 - Real property actions; general provisions. › 840.04 - Possession.

840.04
Possession.
No remedy shall be denied on the ground that the plaintiff is not in possession unless a statute specifically requires possession.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 840.04.
2023 Wisconsin Statutes & Annotations › Chapter 840 - Real property actions; general provisions. › 840.05 - Joinder.

840.05
Joinder.
Any action proper under s. 840.03 may be brought in rem or in personam according to appropriate statutes for obtaining jurisdiction. Actions in rem and in personam may be joined.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767, 782 (1975); Stats. 1975 s. 840.05.
2023 Wisconsin Statutes & Annotations › Chapter 840 - Real property actions; general provisions. › 840.06 - Joinder of additional interest-holders.

840.06
Joinder of additional interest-holders.
If the court orders that the owner of an interest is a necessary party to an action, the action may not be dismissed, but the plaintiff shall be given leave to join the missing person as plaintiff or defendant.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 840.06.
2023 Wisconsin Statutes & Annotations › Chapter 840 - Real property actions; general provisions. › 840.07 - Default judgments.

840.07
Default judgments.
No default judgment may be granted unless evidence supporting the court's findings and conclusions is in the record.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 840.07.
This section does not require a hearing to produce the necessary evidence to support the court's findings and conclusions. Geneva National Community Association, Inc. v. Friedman, 228 Wis. 2d 572, 598 N.W.2d 600 (Ct. App. 1999), 98-1010.
2023 Wisconsin Statutes & Annotations › Chapter 840 - Real property actions; general provisions. › 840.11 - Highways; parks; record of order.

840.11
Highways; parks; record of order.
(1)
Every person who makes an application to any court, county board, common council, or village or town board for laying out, widening, vacating, or extending any street, alley, water channel, park, highway, or other public place shall, at or prior to the time of filing the same with the proper officer, present for recording in the office of the register of deeds of each county in which the affected land is situated a lis pendens, as provided in s. 840.10, containing the person's name and a brief statement of the object thereof and a map and description of the land to be affected thereby.
(2)
No final order, judgment or decree or final resolution or order taking or affecting such land, based upon any application therefor, shall be notice to any subsequent purchaser or encumbrancer unless a certified copy thereof, containing a legal description, as defined in s. 706.01 (7r), of the land affected thereby, and accompanied with a map showing the location thereof, is recorded in the office of the register of deeds of the county in which the land is situated.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 840.11; 1993 a. 486; 2009 a. 348.
The application of this section is not limited to municipalities. Rock Lake Estates Unit Owners Association, Inc. v. Town of Lake Mills, 195 Wis. 2d 348, 536 N.W.2d 415 (Ct. App. 1995), 94-2488.
2023 Wisconsin Statutes & Annotations › Chapter 840 - Real property actions; general provisions. › 840.12 - Survey may be ordered.

840.12
Survey may be ordered.
In all actions relating to real property the court may by order give any party thereto leave to make any survey of any premises affected by such action, or of any boundary line of such premises, or between the lands of any of the parties and the lands of other persons, when satisfied that such survey is necessary or expedient to enable either party to prepare that party's pleadings in the action. The order for such survey shall specify the premises or boundary lines to be surveyed, and a copy thereof shall be served upon the owner or occupant before any entry is made to make such survey. After such service the party obtaining such order may, with the necessary surveyors and assistants, enter the premises specified in such order at any reasonable time and make such survey without being liable to any action therefor except for injury or damages unnecessarily caused thereby.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 840.12; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 840 - Real property actions; general provisions. › 840.16 - Land sold, where; limitation on sheriff; effect of deed.

840.16
Land sold, where; limitation on sheriff; effect of deed.
(1)
Real property adjudged to be sold must be sold in the county where the premises or some part thereof are situated, by the sheriff of that county.
(2)
The sheriff shall not purchase at such sale, or be interested directly or indirectly in any purchase; all sales made contrary to this prohibition are void.
(3)
A deed executed by the sheriff upon such sale shall be effectual to pass the title, rights and interest of the parties in the premises adjudged to be sold and of all purchasers or encumbrancers thereof whose conveyance or encumbrance is made, executed, recorded, perfected or obtained subsequent to the filing of the notice of the pendency of the action in which such real property is adjudged to be sold, unless the judgment otherwise directs.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 840.16.
2023 Wisconsin Statutes & Annotations › Chapter 840 - Real property actions; general provisions. › 840.17 - Judicial sale; report if sheriff incapacitated.

840.17
Judicial sale; report if sheriff incapacitated.
If the sheriff who made a sale of land dies, departs from the state or becomes otherwise incapacitated to report or to execute the deed, such report may be made by the undersheriff, a deputy sheriff, or by any party to the action, by affidavit; and such deed may be executed by the clerk on ex parte order of the court.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 840.17.
2023 Wisconsin Statutes & Annotations › Chapter 840 - Real property actions; general provisions. › 840.18 - Deeds by sheriffs' successors.

840.18
Deeds by sheriffs' successors.
In all cases where any sale has been made or is hereafter made by any sheriff under or in pursuance of any order, judgment or decree of any court and the sheriff did not, or does not, before the expiration of the sheriff's term of office, execute a deed to carry the sale into effect, the deed may be executed by the successor of the sheriff in office at the time of the application for the deed, and any deed so executed by any successor of the sheriff making the sale while in office shall have the same effect as though it had been executed by the sheriff making the sale.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 840.18; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 841 - Declaration of interest in real property. › 841.01 - Declaration of interest.

841.01
Declaration of interest.
(1)
Any person claiming an interest in real property may maintain an action against any person claiming a conflicting interest, and may demand a declaration of interests.
(2)
Subsection (1) does not apply to lessee's interests in leases of one year or less.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 841.01.
Cross-reference:  See s. 840.01 for the definition of “interest in real property."
A review of ch. 841 as a whole shows that the legislature intended for this section to create a cause of action. SJ Properties Suites v. Specialty Finance Group, LLC, 864 F. Supp. 2d 776 (2012).
2023 Wisconsin Statutes & Annotations › Chapter 841 - Declaration of interest in real property. › 841.02 - Complaint.

841.02
Complaint.
The complaint shall describe the real property, the interest of the plaintiff and how the plaintiff acquired the interest, the interest of each person claiming an interest known to be adverse to the plaintiff, including unborn and unknown persons, and demand that the interest of the plaintiff be established against adverse claims.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 841.02; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 841 - Declaration of interest in real property. › 841.03 - Defendants.

841.03
Defendants.
Persons claiming interests adverse to the plaintiff which interests the plaintiff wants affected by the judgment shall be named as defendants; other persons with interests in the described property may be named as defendants.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 841.03.
2023 Wisconsin Statutes & Annotations › Chapter 841 - Declaration of interest in real property. › 841.04 - Answer.

841.04
Answer.
The answer shall indicate the nature and derivation of defendant's interest. If the defendant, by answer, disclaims any interest in the described property or in plaintiff's claimed interest, no further answer is necessary.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 841.04.
A defendant's answer that fails to assert an interest in the property terminates the defendant's right to participate in the action. Auer Park Corp., Inc. v. Derynda, 230 Wis. 2d 317, 601 N.W.2d 841 (Ct. App. 1999), 98-1787.
2023 Wisconsin Statutes & Annotations › Chapter 841 - Declaration of interest in real property. › 841.06 - Costs.

841.06
Costs.
No costs shall be taxed against a defendant who does not contest the claim of the plaintiff; such defendant may recover costs unless the court otherwise orders.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 841.06.
2023 Wisconsin Statutes & Annotations › Chapter 841 - Declaration of interest in real property. › 841.10 - Judgment.

841.10
Judgment.
(1)
The judgment shall declare the interests of the parties. The judgment or a certified copy may be recorded in the office of the register of deeds of each county in which the land lies.
(2)
As to parties not contesting, judgment may be rendered on motion based on the complaint and proof of service of the summons and the complaint, and proof of the facts as to interest.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 841.10.
2023 Wisconsin Statutes & Annotations › Chapter 842 - Partition of interest in real property. › 842.01 - Definitions.

842.01
Definitions.
As used in this chapter:
(1)
“Interest in real property" in addition to the interests described in s. 840.01, includes rights and interests in water power, structures for the use of water power and structures for the utilization of riparian rights. Interests of vendees under land contracts are excluded.
(2)
“Lien" includes encumbrance.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767, 782 (1975); Stats. 1975 s. 842.01.
2023 Wisconsin Statutes & Annotations › Chapter 842 - Partition of interest in real property. › 842.02 - Partition; plaintiffs.

842.02
Partition; plaintiffs.
(1)
A person having an interest in real property jointly or in common with others may sue for judgment partitioning such interest unless an action for partition is prohibited elsewhere in the statutes or by agreement between the parties for a period not to exceed 30 years.
(2)
The plaintiff in the plaintiff's complaint may demand judgment of partition and, in the alternative, if partition is impossible, judicial sale of the land or interest, and division of the proceeds.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.02; 1993 a. 486.
A “buy-out" agreement that lacked a termination date did not violate the 30-year limit. Schneider v. Schneider, 132 Wis. 2d 171, 389 N.W.2d 835 (Ct. App. 1986).
A limitation on partition can be implied or express. Equity dictates that a party claiming ownership under a will should be bound by reasonable restrictions in that will, including reasonable restraints on alienation. The general rule is that effect will be given to the intention of the testator as expressed in the will, and that no partition suit will lie before the date so fixed or the happening of the event named. If an heir disagrees with a restriction in a will, he or she is free to decline the bequest. Fohr v. Fohr, 2007 WI App 149, 302 Wis. 2d 510, 735 N.W.2d 570, 06-1559.
2023 Wisconsin Statutes & Annotations › Chapter 842 - Partition of interest in real property. › 842.03 - Partition when state part owner; service of process.

842.03
Partition when state part owner; service of process.
If any lands are held by the state and by individuals as tenants in common, proceedings for the partition thereof may be had against the state in the same manner as against individuals, and the like orders and judgments shall be had therein, and the proportion of the costs and expenses of such partition, adjudged to be paid by the state, shall be certified by the attorney general and paid out of the state treasury on the warrant of the department of administration. The summons and all notices required to be served shall be served on the attorney general, who shall appear in behalf of the state and attend to its interest.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.03.
2023 Wisconsin Statutes & Annotations › Chapter 842 - Partition of interest in real property. › 842.04 - Defendants.

842.04
Defendants.
Any cotenant not joined as a plaintiff must be joined as a defendant; if a judgment affecting the interest of any tenant, lienholder or person in physical possession is demanded, such person must be joined as a defendant.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.04.
2023 Wisconsin Statutes & Annotations › Chapter 842 - Partition of interest in real property. › 842.05 - Pleadings.

842.05
Pleadings.
(1)
The complaint shall describe the lands to be partitioned and the interests of all parties as far as the same are known to the plaintiff. If a lienholder is made a defendant, the lienholder's lien shall be described.
(2)
If the complaint does not demand partition of all the lands owned by the parties any of them may have the complaint amended so as to affect all the lands so owned.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.05; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 842 - Partition of interest in real property. › 842.06 - Water power referee.

842.06
Water power referee.
In an action concerning declaration or partition of rights to water power, the court may appoint a referee and empower the referee to examine into any matters complained of, and upon reasonable notice to the owners or occupants of water power to enter upon and take control of the mills, machinery, flumes, gates, wheels and other appurtenances of such water power and to exercise such reasonable control of the same for such reasonable time and in such reasonable manner as will enable the referee to ascertain the respective rights of the parties and to determine the manner of using, applying and preserving the same.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.06; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 842 - Partition of interest in real property. › 842.07 - Findings and conclusions; referee.

842.07
Findings and conclusions; referee.
On default and proof or after trial of issues, the court shall by findings of fact and conclusions of law determine the rights of the parties. If the basis for partition is clear, the court may enter judgment partitioning the interests. If the basis for partition is not clear, the court shall appoint a referee to report either a basis for partition, or the conclusion that partition is prejudicial to the parties.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.07.
The homestead exemption may arise in a partition action. Reckner v. Reckner, 105 Wis. 2d 425, 314 N.W.2d 159 (Ct. App. 1981).
If the court's findings and conclusions indicate as a matter of law that any partition would be prejudicial, the court need not appoint a referee and may order a sale under s. 842.17 (1). LaRene v. LaRene, 133 Wis. 2d 115, 394 N.W.2d 742 (Ct. App. 1986).
2023 Wisconsin Statutes & Annotations › Chapter 842 - Partition of interest in real property. › 842.08 - Platting.

842.08
Platting.
If the court determines that the interests of the parties will be promoted by surveying or platting the premises or any part thereof, it shall, by order, direct the plaintiff or the referee to survey or to make and acknowledge a plat of such premises or a designated part thereof or both; which plat, when made, approved by the court and recorded shall have the same effect and validity as if made by the parties pursuant to ch. 236. When such plat is so made, approved and recorded, partition or sale if ordered may be made in accordance therewith.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.08.
2023 Wisconsin Statutes & Annotations › Chapter 842 - Partition of interest in real property. › 842.09 - Referee's expenses.

842.09
Referee's expenses.
The referee's expenses, including those of a surveyor and assistants, shall be subject to the approval of the court and, with the compensation allowed by the court for the referee's services, shall be paid by the plaintiff and allowed as part of the costs to be taxed.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.09; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 842 - Partition of interest in real property. › 842.10 - Referee's report; partition not prejudicial.

842.10
Referee's report; partition not prejudicial.
(1)
If the referee determines that partition can be made without prejudice to the owners, the referee shall submit to the court the referee's findings, indicating how partition is to be made. In making partition the referee shall divide the real estate and allot the several portions to the respective parties, quality and quantity relatively considered, according to the respective rights and interests of the parties as declared in the court's findings and conclusions.
(2)
If the land is subject to a life estate, that fact shall be noted, and the partition of the remainder at the termination of the life estate indicated. The partition of any lands not subject to the life estate shall also be indicated.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.10; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 842 - Partition of interest in real property. › 842.11 - Referee's report; partition prejudicial.

842.11
Referee's report; partition prejudicial.
(1)
If the referee determines that partition cannot be made without prejudice to the owners, the referee shall so report to the court, recommending sale.
(2)
If, under sub. (1), all or part of the property is subject to a life estate, and after the life estate is valued, the life tenant and the owners whose interests are being partitioned all file in court an agreement or agreements, executed so as to be entitled to record, stating that the life tenant be paid such value from the proceeds of sale, the referee shall so report to the court, recommending sale clear of such life estate.
(3)
If, under sub. (1), all or part of the property is subject to a life estate, but the owner of the life estate fails to file the written consent mentioned in sub. (2), or from minority or other incapacity cannot do so, the referee shall recommend sale of the portion, if any, not subject to the life estate, or may recommend sale subject to the life estate.
(4)
The referee may recommend sale subject to interests of tenants and lienholders.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.11; 1985 a. 29; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 842 - Partition of interest in real property. › 842.12 - Hearing on report.

842.12
Hearing on report.
Notice of a hearing on the referee's report shall be given to all parties who have appeared.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.12.
2023 Wisconsin Statutes & Annotations › Chapter 842 - Partition of interest in real property. › 842.13 - Report may be set aside.

842.13
Report may be set aside.
On good cause shown the court may set aside the report and refer the case to a new referee, who shall proceed as hereinbefore directed.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.13.
2023 Wisconsin Statutes & Annotations › Chapter 842 - Partition of interest in real property. › 842.14 - Judgment of partition.

842.14
Judgment of partition.
(1)
If the court has determined that partition is proper under s. 842.07 or on adoption by the court of a report recommending partition without sale, the court may order or render judgment of partition which shall be conclusive on all the parties to the action and their legal representatives and on all persons claiming or to claim from such parties or persons or any of them, subsequent to the filing of the notice of the pendency of the action.
(2)
Such judgment shall not affect the interests of lienholders or tenants, except that if a tenant obtained a lease from less than all of the cotenant owners, the tenant's lease shall be extinguished by the judgment, and the tenant shall have judgment for damages against the cotenant who granted the lease.
(3)
If partition is adjudged, existing liens shall not be affected or impaired, except that a lien upon an undivided interest or estate shall thereafter be a charge only on the share assigned to the party against whom it exists, which share shall be charged with its just proportion of the costs in preference to such lien.
(4)
If partition is adjudged, and if it appears that it cannot be made equal between the parties without prejudice to the rights or interests of some of them, the court may provide in its judgment that compensation be made by one party to the other for equality of partition, according to the equity of the case; and where any party has with the knowledge or assent of the others or any of them, made improvements upon lands partitioned, the portion of such lands upon which such improvements have been made may be allotted to such party without computing in their value the value of such improvements.
(5)
A copy of the judgment shall be recorded in each county in which any part of the premises are situated, and the expense of such copy and record shall be taxed in the costs.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767, 782 (1975); Stats. 1975 s. 842.14; 1993 a. 486.
A cotenant could not have asked to be reimbursed for disproportionately borne expenses until unity of possession was dissolved and the property, or any proceeds from the sale of the property, was being divided in proportion to the economic interests held by the parties. O'Connell, Jr. v. O'Connell, 2005 WI App 51, 279 Wis. 2d 406, 694 N.W.2d 429, 04-0895.
2023 Wisconsin Statutes & Annotations › Chapter 842 - Partition of interest in real property. › 842.15 - Judicial conveyance.

842.15
Judicial conveyance.
If partition is decreed, and a party or parties refuse to convey to effect the partition, the court's judgment shall serve as the conveyance of interests described therein.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.15.
2023 Wisconsin Statutes & Annotations › Chapter 842 - Partition of interest in real property. › 842.16 - Costs and charges.

842.16
Costs and charges.
The judgment shall adjudge that each of the parties, other than the plaintiff, pay a proportion of the costs of the proceedings, to be ascertained by the court; and the proportion of such costs adjudged to be paid by the unknown owners shall be adjudged to be a charge upon the part remaining undivided. Execution may issue for such costs as in other cases and may be levied upon the property of the parties respectively charged therewith, and a sale of the premises allotted to such unknown owner, upon such execution, shall be as valid as if the unknown owner had been named in the proceedings and in such execution. If the complaint is dismissed or the action discontinued, the plaintiff shall be adjudged to pay costs as in other cases. The plaintiff shall also pay the costs when the defendant does not appear, unless the complaint asks partition or sale of all the lands owned by the parties of which partition may be had or unless the defendant is personally served in the action.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.16; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 842 - Partition of interest in real property. › 842.17 - Interlocutory judgment of sale.

842.17
Interlocutory judgment of sale.
(1)
If the court finds that the land or any portion thereof is so situated that partition cannot be made without prejudice to the owners, and there are no tenants or lienholders, it may order the sheriff to sell the premises so situated at public auction.
(2)
If a lienholder or tenant consents to sale of the lienholder's or tenant's interest or is unknown, the value of the lienholder's or tenant's interest shall be paid to the lienholder or tenant or set aside for the lienholder or tenant from the proceeds of the sale before any distribution is made to the partitioning cotenants.
(3)
If there are tenants or lienholders who do not consent to sale, the court may order such sale subject to the lien or tenant's interest.
(4)
If a nonconsenting tenant derived his or her interest from less than all of the cotenant owners, a sale may be ordered without the nonconsenting tenant's consent, and the nonconsenting tenant's interest sold; the value of the nonconsenting tenant's interest shall be paid to the nonconsenting tenant from the proceeds of sale owing to the nonconsenting tenant's lessor.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.17; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 842 - Partition of interest in real property. › 842.18 - Notice and method of sale.

842.18
Notice and method of sale.
The sheriff shall give notice of such sale for the time and in the manner required for sales of real estate on execution. The terms of sale shall be made known at the time thereof, and if the premises consist of distinct lots or parcels they shall be sold separately.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.18.
2023 Wisconsin Statutes & Annotations › Chapter 842 - Partition of interest in real property. › 842.19 - Report; confirmation of sale; final judgment.

842.19
Report; confirmation of sale; final judgment.
(1)
The sheriff shall promptly report the sale to the court, with a description of the land sold to each purchaser, the name of such purchaser and the price bid by the purchaser.
(2)
If the sale is confirmed, final judgment shall direct the sheriff to execute conveyances pursuant thereto and also direct the application of the proceeds of such sale. The judgment shall order the issuance of a writ of assistance as necessary.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.19; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 842 - Partition of interest in real property. › 842.20 - Sheriff's deed.

842.20
Sheriff's deed.
Any purchaser receiving a deed from the sheriff or other officer conducting such sale, shall be vested with all the estate, title and interest of all the parties to the action and those claiming under them, to the real estate sold, as indicated in the final judgment of sale.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.20.
2023 Wisconsin Statutes & Annotations › Chapter 842 - Partition of interest in real property. › 842.21 - Costs, how paid.

842.21
Costs, how paid.
Unless the court otherwise directs, the costs of every party to the action, with reasonable attorney fees to be allowed by the court upon notice served personally or by mail, on the parties who are known to be residents of this state, must be deducted from the proceeds of the sale and paid to the party's attorney; but the court may direct the costs of any trial, reference or other proceeding in the action to be paid out of the share of any party in such proceeds or may render judgment against any party therefor.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.21; 1993 a. 486, 490.
2023 Wisconsin Statutes & Annotations › Chapter 842 - Partition of interest in real property. › 842.22 - Distribution of proceeds of sale.

842.22
Distribution of proceeds of sale.
The proceeds of every sale shall be brought into court by the sheriff with the sheriff's report, and after deducting costs, shall be divided according to provisions of the judgment, or by order of the court among the parties in proportion to their respective rights.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.22; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 842 - Partition of interest in real property. › 842.23 - Distribution; cancellation of liens.

842.23
Distribution; cancellation of liens.
When the amount of the liens upon any undivided shares has been ascertained, the court shall order a distribution of the money pertaining to such shares to be made among the lien creditors according to the priority thereof, respectively; and the clerk of the court shall procure satisfaction thereof to be acknowledged as required by law and cause such lien to be duly satisfied of record, and the expenses thereof shall be paid out of the money realized on the sale of the share which was subject to the lien.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.23.
2023 Wisconsin Statutes & Annotations › Chapter 842 - Partition of interest in real property. › 842.24 - Proceedings not to affect whom.

842.24
Proceedings not to affect whom.
The proceedings to ascertain and settle the amount of liens, as herein provided, shall not affect any other party in such action nor delay the paying over or investing the moneys to or for the benefit of any party upon whose interest there does not appear to be any existing lien.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.24.
2023 Wisconsin Statutes & Annotations › Chapter 842 - Partition of interest in real property. › 842.25 - Share of individual adjudicated incompetent.

842.25
Share of individual adjudicated incompetent.
The share of any ward shall be paid to the guardian of the estate of the ward, except under s. 54.12 (1) or s. 880.04 (2), 2003 stats.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.25; 1993 a. 486; 2005 a. 387.