As used in this chapter:
842.01.Definitions.
Ch. 842: Partition of Interest in Real Property · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 842.01 expands chapter 842’s definition of interest in real property beyond section 840.01 to include water power rights and riparian-use structures, while excluding a land contract vendee’s interest, and defines lien to include any encumbrance.
Full Text of Section 842.01
Plain-English Summary
Section 842.01 builds on the general definition in section 840.01 for purposes of chapter 842. In addition to the interests described in section 840.01, interest in real property here also includes rights and interests in water power, structures for the use of water power, and structures for the utilization of riparian rights. One category is expressly excluded, however: the interests of vendees under land contracts do not count as an interest in real property for this chapter.
The section also gives lien a broader meaning than it might otherwise carry. Lien includes encumbrance, so references elsewhere in chapter 842 to a lien reach any encumbrance on the property as well. Both definitions matter directly to partition actions under section 842.02, which depends on what counts as an interest in real property that can be partitioned.
Frequently Asked Questions
Does chapter 842 use the same definition of interest in real property as chapter 840?
It builds on section 840.01’s definition and adds water power rights and structures for utilizing riparian rights.
Are water power rights included as an interest in real property for partition purposes?
Yes. Rights and interests in water power, and structures for its use, are included under section 842.01.
Can a land contract vendee bring a partition action based on their vendee interest?
The vendee’s interest is excluded from this chapter’s definition of interest in real property.
What does lien mean under chapter 842?
Lien includes encumbrance, under section 842.01(2).
Why would water power and riparian structures matter for a partition action?
Because chapter 842 governs partition of interests in real property, and section 842.01 makes those specific rights and structures part of what counts as such an interest.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767, 782 (1975); Stats. 1975 s. 842.01.
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 partition chapter interest definitionswater power rights real property interest wisconsinland contract vendee excluded partition wisconsinlien includes encumbrance wisconsin definition