Importance of the Register of Deeds Office
The Register of Deeds files, records and issues instruments and documents of significance to both the community as a whole and to its individual citizens. Vital records document the span of our life from birth to death. Each year many millions of dollars in transactions under the Uniform Commercial Code are represented in documents filed to record the interests and obligation of the parties in such commercial transactions. The Register of Deeds office also maintains real property indexes regarding transactions to a particular piece of property.
Accurate descriptions of property help society avoid wasteful battles over boundaries and rights. The Register of Deeds is able to tell who, what, and when about property. The Register of Deeds records the time when, in effect, the public record is established. In legal terms, this important function is described as providing constructive notice for all the world to see the rights and interests that people have in real and personal property, as well as notice regarding births, deaths, marriages and domestic partnerships which occurred within the county.
Providing constructive notice regarding real estate allows the act of searching the records and the determination of clear title. This is necessary for the issuance of most home mortgages, business loans and the sale of real estate. Local government property tax base is defined from records of the ROD. Consumer and farm loans are made simpler, more secure, less expensive and more widely available to the benefit of all parties 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 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 Register of Deeds office does not provide services for Real Estate searches. |