(1) If all or part of the area of any city, village or town block is affected by restrictive deed provisions, restrictive covenants or agreements, if the first restriction affecting the property has existed for 30 years or more and if 75 percent or more of the area of the city, village or town block has not been developed with buildings of the type allowed by the restrictions, the owner of any part of the block may commence an action in the circuit court of the county where the land lies to remove the restrictive deed provisions, restrictive covenants or agreements. All adjacent property owners shall be named as defendants and shall be served with a copy of the complaint.
847.03.Removal of restrictions.
Ch. 847: Miscellaneous Real Estate Actions · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 847.03 lets an owner sue in circuit court to remove restrictive deed provisions or covenants on a city, village, or town block once the earliest restriction is at least 30 years old and most of the block has gone undeveloped as those restrictions contemplate, subject to a possible damages claim from affected neighbors.
Full Text of Section 847.03
(2) Notice of the commencement of the action, including a description of the area affected, shall be published in the county as a class 3 notice, under ch. 985. A lis pendens shall be filed in the office of the register of deeds upon commencement of the action.
(3) The court may enter a judgment releasing the area from the effect of any restrictive deed provision, restrictive covenant or agreement contained whether the same appears in the deed to the area or block involved or in the deed to other lands or lots. No costs may be allowed or taxed against the defendants in such action.
(4) Any property owner affected by the removal of the restrictions may petition in the action, to be allowed actual damages to compensate the owner for any actual damages the owner may sustain by such removal. No damages may flow automatically from the removal and damages shall be allowed by the court only upon a showing of actual injury. The court in granting or denying same shall take into consideration the development of the surrounding area including the commercial development in the immediate neighborhood.
Plain-English Summary
Section 847.03 lets a property owner clear out old restrictive covenants that have outlived their usefulness. It applies when all or part of a city, village, or town block carries restrictive deed provisions, covenants, or agreements, the first restriction affecting the property has existed for 30 years or more, and 75% or more of the block’s area has not been developed with the type of buildings the restrictions allow. Any owner of part of the block can then sue in the circuit court of the county where the land sits to remove the restrictions, naming and serving every adjacent property owner as a defendant.
Starting the case requires a class 3 notice, describing the affected area, published in the county, and a lis pendens filed with the register of deeds.
If the case succeeds, the court can enter judgment releasing the area from the restriction wherever it appears, whether in the deed to the block itself or in deeds to other lands or lots, and no costs can be taxed against the defendants. An affected owner can separately petition for actual damages from the removal, but damages are not automatic; the court allows them only on a showing of actual injury, weighing how the surrounding area, including nearby commercial development, has changed.
Frequently Asked Questions
Can old restrictive covenants on a Wisconsin city block be removed through a lawsuit?
Yes, if the earliest restriction is at least 30 years old and 75% or more of the block has not been developed the way the restrictions allow.
Who has to be named as a defendant in a suit to remove restrictions on a block?
All adjacent property owners, who must be named as defendants and served with a copy of the complaint.
What has to be published and filed when this kind of suit is started?
A class 3 notice describing the affected area, published in the county, and a lis pendens filed with the register of deeds.
Can a neighboring owner get money damages if the restrictions on the block are removed?
Only on a showing of actual injury; damages do not flow automatically, and the court considers how the surrounding area, including commercial development, has changed.
Do I owe the other property owners’ court costs if I win this kind of case?
No, no costs may be allowed or taxed against the defendants in this type of action.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 768 (1975); 1977 c. 449; 1993 a. 246, 486.
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
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