840.11.Highways; parks; record of order.
Ch. 840: Real Property Actions; General Provisions · Last amended 2009 · Last verified July 15, 2026
Full Text of Section 840.11
Plain-English Summary
Section 840.11 extends the lis pendens idea from private litigation to public-place proceedings. Anyone applying to a court, county board, common council, or village or town board to lay out, widen, vacate, or extend a street, alley, water channel, park, highway, or other public place must, at or before filing the application with the proper officer, present a lis pendens for recording under section 840.10 in each county where the affected land lies. That lis pendens must include the applicant’s name, a brief statement of the object of the application, and a map and description of the affected land.
The eventual order does not bind later buyers automatically. No final order, judgment, decree, resolution, or order taking or affecting the land based on the application gives notice to a subsequent purchaser or encumbrancer unless a certified copy, containing a legal description as defined in section 706.01(7r) and accompanied by a map showing the land’s location, is recorded in the register of deeds office of the county where the land sits.
Frequently Asked Questions
Who must record a lis pendens before applying to widen a Wisconsin street?
Anyone applying to a court, county board, common council, or village or town board for laying out, widening, vacating, or extending a street, alley, water channel, park, or highway.
What must that lis pendens contain?
The applicant’s name, a brief statement of the object of the application, and a map and description of the affected land.
Does a final court order about a street or park automatically bind later property buyers?
No. It gives notice to a subsequent purchaser or encumbrancer only once a certified copy with a legal description and map is recorded.
Where must this lis pendens be recorded?
In the office of the register of deeds of each county in which the affected land is situated.
Does this section cover water channels as well as streets?
Yes. It covers a street, alley, water channel, park, highway, or other public place.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 840.11; 1993 a. 486; 2009 a. 348.