Bulletin: WI2020002

THIS BULLETIN HAS BEEN MODIFIEED BY WI2022002.

Dear Associates:

When asked to insure an appurtenant easement interest under a commitment or policy to be issued, in addition to the factors outlined in Virtual Underwriter, examiners must consider Wis. Stat. 893.33, regardless if the easement interest in question has been affirmatively insured under an acceptable starter policy. Wisconsin Statutes §893.33(6) – (9) require the easement interest to be recorded, or expressly referred to, in another timely recorded instrument within the preceding forty years for it to be enforceable. Additionally, when the provisions of §893.33 took effect on July 1, 1980, it shortened the existing limitations for enforcement of certain easements from 60 years to 40 years. Therefore, certain easements first recorded between July 2, 1960, and June 30, 1980, would be unenforceable as of July 1, 2020, unless recorded, or expressly referred to, in another recorded instrument within the preceding forty years.

The provisions and limitations against enforcement of an easement right does not pertain to all possible easement interests. Any easements that may affect the subject parcel as disclosed on starter policies, current search work, or as otherwise disclosed or known, must be shown as an exception regardless if the 40-year limitation has run under §893.33. Any request to remove an easement as an exception on a commitment or policy based on the deadlines running under the provisions of §893.33 must be approved by a Stewart Title Guaranty Company underwriter.

A copy of the existing statute(s) referenced herein can be found at:

https://docs.legis.wisconsin.gov/document/statutes/893.33

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