Attorney General J.B. Van Hollen Issues Formal Opinion Concerning the Recording of "Land Patents" Created by Private Individuals

MADISON — Attorney General J.B. Van Hollen issued a formal opinion today to Door County Corporation Counsel Grant Thomas concerning the duty of a register of deeds to record “land patents” or “updates of land patents” created by private individuals. Van Hollen opined that a register of deeds has no duty to record these documents. Because they are invalid on their face, Van Hollen opined that they are not instruments entitled to recording. Because they are not entitled to recording, Van Hollen concluded that they are not among the instruments or writing that a register of deeds must record under Wis.Stat. § 59.43(1).

A copy of the Attorney General's opinion is available at the following link:

Opinion

A copy of the opinion request is available at the following link:

Request

Formal and informal opinions issued by Attorney General Van Hollen are available at:

Attorney General Opinions