(1) Real property adjudged to be sold must be sold in the county where the premises or some part thereof are situated, by the sheriff of that county.
840.16.Land sold, where; limitation on sheriff; effect of deed.
Ch. 840: Real Property Actions; General Provisions · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 840.16 requires a judicial sale of real property to happen in the county where the land sits, run by that county’s sheriff, bars the sheriff from having any stake in the purchase, and gives the sheriff’s deed the power to pass title free of interests recorded after the lis pendens was filed.
Full Text of Section 840.16
(2) The sheriff shall not purchase at such sale, or be interested directly or indirectly in any purchase; all sales made contrary to this prohibition are void.
(3) A deed executed by the sheriff upon such sale shall be effectual to pass the title, rights and interest of the parties in the premises adjudged to be sold and of all purchasers or encumbrancers thereof whose conveyance or encumbrance is made, executed, recorded, perfected or obtained subsequent to the filing of the notice of the pendency of the action in which such real property is adjudged to be sold, unless the judgment otherwise directs.
Plain-English Summary
Section 840.16 sets the ground rules for where and by whom a court-ordered sale of real property happens. Real property adjudged to be sold must be sold in the county where the premises, or some part of them, are situated, and the sale must be conducted by the sheriff of that county.
The sheriff running the sale cannot benefit from it. The sheriff may not purchase at the sale, or be interested directly or indirectly in any purchase, and any sale made contrary to that prohibition is void.
A deed the sheriff executes on the sale carries real force. It passes the title, rights, and interest of the parties to the sold premises, and of any purchasers or encumbrancers whose conveyance or encumbrance was made, executed, recorded, perfected, or obtained after the notice of the pendency of the action, meaning the lis pendens, was filed, unless the judgment directs otherwise. Interests recorded before the lis pendens was filed are not cut off by the deed in the same way.
Frequently Asked Questions
Which sheriff conducts a judicial sale of real property in Wisconsin?
The sheriff of the county where the premises, or some part of them, are situated.
Can the sheriff conducting the sale buy the property?
No. Section 840.16 prohibits the sheriff from purchasing at the sale or being interested directly or indirectly in any purchase; a sale made contrary to that rule is void.
What does the sheriff’s deed do to interests recorded after the lis pendens was filed?
It passes title over them, cutting off purchasers or encumbrancers whose conveyance or encumbrance was made, recorded, perfected, or obtained after the lis pendens was filed, unless the judgment directs otherwise.
Does the underlying judgment control if it directs a different effect for the deed?
Yes. The deed is effectual to pass title as described unless the judgment otherwise directs.
What happens if the sheriff violates the rule against purchasing at their own sale?
The sale is void.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 840.16.
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 sheriff judicial sale real propertysheriff cannot buy property at own saleeffect of sheriff’s deed wisconsinwhich county sells judicially ordered property