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. […]
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
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. […]
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 […]
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 […]
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.
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.
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 […]
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.
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 […]
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 […]
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 […]
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 […]
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. […]
