(1) (a) In an action where relief is demanded affecting described real property which relief might confirm or change interests in the real property, after the filing of the complaint the plaintiff shall present for filing or recording in the office of the register of deeds of each county where any part thereof is situated, a lis pendens containing the names of the parties, the object of the action and a description of the land, as provided under s. 59.43 (2s) (a), in that county affected thereby. In any action if the defendant asks relief on a counterclaim or cross-complaint, which contains a legal description of the real estate and seeks such relief, after the filing of the counterclaim or cross-complaint the defendant shall present for filing or recording a lis pendens. From the time of filing or recording every purchaser or encum- brancer whose conveyance or encumbrance is not recorded or filed shall be deemed a subsequent purchaser or encumbrancer and shall be bound by the proceedings in the action to the same extent and in the same manner as if the purchaser or encumbrancer were a party thereto. In any such action in which a lis pendens has been filed or recorded, if the party who presents for filing or recording the lis pendens fails for one year after the filing or recording thereof to serve and file proof of service of the summons or the counterclaim or cross-complaint on one or more of the adverse parties, the lis pendens shall be void, and upon motion and proof the court may order it discharged. Judgment shall not be entered in favor of the party required to present for filing or recording a lis pendens until 20 days after the lis pendens has been filed or recorded. (b) A lis pendens that is prepared by a member of the State Bar of Wisconsin need not be authenticated.
840.10.Lis pendens; who may file; effect when void; discharge.
Ch. 840: Real Property Actions; General Provisions · Last amended 2025 · Last verified July 15, 2026
In one sentenceSection 840.10 requires the plaintiff, and any defendant seeking relief on a real-property counterclaim or cross-complaint, to record a lis pendens describing the land and the action, sets a one-year deadline for proving service before the notice becomes void, and delays judgment for twenty days after filing.
Full Text of Section 840.10
(2) Proceedings for acquiring land by right of eminent domain are actions within the provisions of this section and notice of the pendency thereof may be filed at any time, except as otherwise provided by statute.
(3) The lis pendens may be discharged upon the condition and in the manner provided by s. 811.22 for discharging an attachment or by s. 806.19 (1) (a) for satisfying a judgment. An instrument filed before May 1, 1951, but in accordance with this subsection shall be a discharge of the lis pendens described therein.
(4) This section applies to all courts in this state, including United States district courts.
Plain-English Summary
Section 840.10 requires notice to the world once a real property case starts. In an action demanding relief affecting described real property, relief that might confirm or change interests in it, the plaintiff must present a lis pendens for filing or recording in the register of deeds office of every county where the land sits, once the complaint is filed. The lis pendens must contain the names of the parties, the object of the action, and a description of the land, as provided under section 59.43(2s)(a). A defendant who asks for relief on a counterclaim or cross-complaint containing a legal description of the real estate must file its own lis pendens after that pleading is filed. From the time of filing or recording, any purchaser or encumbrancer whose own conveyance or encumbrance is not recorded is treated as a subsequent purchaser or encumbrancer bound by the proceedings, as if they were a party. A lis pendens prepared by a member of the State Bar of Wisconsin does not need to be authenticated.
The notice does not last forever without follow-through. If the party who filed the lis pendens fails, for one year after filing or recording, to serve and file proof of service of the summons or the counterclaim or cross-complaint on one or more adverse parties, the lis pendens becomes void, and the court may order it discharged on motion and proof. Even where things move forward, judgment cannot be entered in favor of the party required to file the lis pendens until twenty days after it was filed or recorded.
Section 840.10 reaches beyond ordinary title disputes. Eminent domain proceedings count as actions under this section, and notice of their pendency may be filed at any time except as otherwise provided by statute. A lis pendens may be discharged the way an attachment is discharged under section 811.22 or the way a judgment is satisfied under section 806.19(1)(a), and an instrument filed before May 1, 1951 in accordance with that method still discharges the lis pendens it describes. The section applies to every court in the state, including United States district courts.
Wisconsin courts have described the requirement in practical terms: a lis pendens alerts third parties to pending litigation over real estate rather than creating an encumbrance on the property, and the filing requirement continues for as long as proceedings, including any appeal, remain pending. Courts have also treated a minor slip in amending a lis pendens as a non-fatal irregularity between the parties themselves, while treating the filing requirement in subsection (1)(a) as directed at plaintiffs and counterclaiming or cross-claiming defendants rather than at every defendant who asserts a claim for relief already available under other statutes.
Frequently Asked Questions
Who has to file a lis pendens in a Wisconsin real property action?
The plaintiff, once the complaint demanding relief affecting real property is filed, and any defendant who seeks relief on a counterclaim or cross-complaint containing a legal description of the real estate.
What information must a Wisconsin lis pendens contain?
The names of the parties, the object of the action, and a description of the land, as provided under section 59.43(2s)(a).
What happens if I never serve the other side within a year of filing the lis pendens?
The lis pendens becomes void, and the court may order it discharged on motion and proof.
How soon after filing a lis pendens can a party get judgment in their favor?
Not until twenty days after the lis pendens has been filed or recorded.
Does the lis pendens requirement apply in federal court cases in Wisconsin?
Yes. Section 840.10(4) states that the section applies to all courts in the state, including United States district courts.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767, 782 (175); 1975 c. 198; Stats. 1975 s. 840.10; 1993 a. 486; 1997 a. 304; 2001 a. 103; 2025 a. 234. A motion to review a judgment on the grounds that the plaintiff failed to file an amended lis pendens was properly denied. Particularly as between the parties, failure to file a lis pendens is a minor irregularity. Zapuchlak v. Hucal, 82 Wis. 2d 184, 262 N.W.2d 514 (1978). A foreign divorce action notice filed with the register of deeds of the county in which one foreign litigant owned property was a valid lis pendens. Belleville State Bank v. Steele, 117 Wis. 2d 563, 345 N.W.2d 405 (1984). Sections 703.25 (3) and 840.10 (1) permit the filing of a lis pendens in an action for a money judgment against a condominium association as the judgment shall be a lien against each condominium unit although their owners are not defendants in the action. Interlaken Service Corporation v. Interlaken Condominium Association, 222 Wis. 2d 299, 588 N.W.2d 262 (Ct. App. 1998), 97-1107. This section permits a lis pendens to be recorded in connection with an out-ofstate suit seeking title or possession of property in Wisconsin by means of a constructive trust. Ross v. Specialty Risk Consultants, Inc. 2000 WI App 258, 240 Wis. 2d 23, 621 N.W.2d 669, 00-0089. Even if a statutory lis pendens under this section is dissolved, common law lis pendens applies and a purchaser who is a party to the relevant litigation takes the property subject to the outcome of the litigation, including appeals. Gaugert v. Duve, 2001 WI 83, 244 Wis. 2d 691, 628 N.W.2d 861, 98-3004. A lis pendens under sub. (1) must be maintained as long as there are pending proceedings in an action, including appellate proceedings. Once all proceedings are concluded, the court may order the lis pendens discharged consistent with sub. (3). Zweber v. Melar Ltd., Inc. 2004 WI App 185, 276 Wis. 2d 156, 687 N.W.2d 818, 040538. This section imposes the requirement of recording a lis pendens on the plaintiff who files a complaint and on a defendant seeking relief on a counterclaim or a crosscomplaint. A defendant construction lien claimant is not a plaintiff, and no crossclaim is necessary in order for a defendant construction lien claimant to obtain a determination of the amount due it and an order for sale in a lien foreclosure action. There is no logical rationale for imposing the requirements of sub. (1) (a) on a defendant construction lien claimant because it unnecessarily files a cross-claim seeking relief it is entitled to under ss. 779.09 to 779.11. Carolina Builders Corporation v. Dietzman, 2007 WI App 201, 304 Wis. 2d 773, 739 N.W.2d 53, 06-3180. A lis pendens simply alerts 3rd parties to judicial proceedings involving real estate. It does not create an encumbrance on the property. Zeddun v. Griswold, 830 F.3d 683 (2016).
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: wisconsin lis pendens requirementshow to file lis pendens wisconsinlis pendens void one year wisconsinnotice of pending action real property wisconsinlis pendens deadline before judgment