The
Register of Deeds is authorized by law to record documents pertaining to
real estate in Buffalo County by endorsing upon each document the day,
hour and minute of reception and the document number where recorded.
The Register of Deeds also collects recording fees and/or transfer fees,
if required, prepares documents for indexing and imaging, indexes each
document in the various books for record keeping and easy retrieval,
images daily documents for their records, and returns
original documents to respective parties or as instructed.
Background:
The office of the
Register of Deeds (ROD) was established in Wisconsin in 1836. Before
that, the Register in Probate handled land registration. The 1848
Wisconsin constitution established the Register of Deeds as a permanent
element of the county-level government structure. Each county in
Wisconsin has a Register of Deeds.
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 lives from birth to death. Land records
documenting title to over $223 billion* in real property in Wisconsin
are maintained. 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 filing or recording of various
legal documents with the Register of Deeds 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 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, and marriages
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. The entire
massive database of recorded documents and other documents, such as
plats and certified survey maps, stored and available for public view,
provide accurate descriptions of property and avoids wasteful court
battles over boundaries and rights. Local government property tax rolls
are derived from documents recorded in the office of the Register of
Deeds. The business community and consumers are served through Uniform
Commercial Code (UCC) filings. Consumer and farm 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.
According to an Attorney General
opinion (see AG opinions), the Register of Deeds is responsible for
reading the law and judging whether the law requires the Register to
perform a duty. Judgments have to be made by the Register of Deeds as to
whether documents presented may be recorded according to statutory
criteria. NOTE: When the proper action is unclear, a good rule is to
consult the county Corporation Counsel or District Attorney. If they are
unavailable and an immediate decision is necessary, the Register is
advised to contact the president or a past president, or a district
chair of the Wisconsin Register of Deeds Association (WRDA).
| The
BUFFALO COUNTY REGISTER of DEEDS Office does not provide
services for Real Estate searches |