RulesofCivilProcedure.com Civil Procedure · Every State

840.11.Highways; parks; record of order.

Ch. 840: Real Property Actions; General Provisions · Last amended 2009 · Last verified July 15, 2026

In one sentenceSection 840.11 requires anyone applying to lay out, widen, vacate, or extend a street or other public place to record a lis pendens with a map and description before filing, and binds later purchasers only once a certified copy of the order is recorded with a legal description and map.

Full Text of Section 840.11

Text sizeJump to: (1) (2)

(1) Every person who makes an application to any court, county board, common council, or village or town board for laying out, widening, vacating, or extending any street, alley, water channel, park, highway, or other public place shall, at or prior to the time of filing the same with the proper officer, present for recording in the office of the register of deeds of each county in which the affected land is situated a lis pendens, as provided in s. 840.10, con- taining the person’s name and a brief statement of the object thereof and a map and description of the land to be affected thereby.
(2) No final order, judgment or decree or final resolution or order taking or affecting such land, based upon any application therefor, shall be notice to any subsequent purchaser or encumbrancer unless a certified copy thereof, containing a legal description, as defined in s. 706.01 (7r), of the land affected thereby, and accompanied with a map showing the location thereof, is recorded in the office of the register of deeds of the county in which the land is situated.

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.

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 street widening lis pendensrecording order for public highway wisconsinvacating a street notice requirement wisconsinpublic place lis pendens filing wisconsin