Bulletin: WI2022002

Dear Associates:

THIS BULLETIN SUPPLEMENTS AND MODIFIES WI2020002

Dear Associates:

Recently Section 893.33 of the Wisconsin Statutes, pertaining to limitations for enforcement of certain easement interests, was amended to provide for an exception set forth in a recorded instrument that allows a person to travel across another's land to reach a location or for another specified purpose, if any of the following applies:

• The instrument is recorded on or after January 1, 1960.
• An instrument is recorded before January 1, 1960, and a notice, the instrument, or an instrument expressly referring to the easement is recorded on or after January 1, 1960, and before the property is sold or transferred.
• The instrument or instruments expressly referring to the easement were recorded before January 1, 1960, and it is apparent from or can be proved from physical evidence of its use at such time when a person acquired the real estate subject to the easement.

A copy of the existing statute(s) can be found at: https://docs.legis.wisconsin.gov/document/statutes/893.33

This necessitates an immediate change to agents’ existing search standards in order to identify easements affecting the subject parcel. The following steps shall be added to the search process:

1. All searches should verify by examination of available survey(s), GIS, or other available maps any indication or evidence of an easement use to benefit adjacent parcels, such as a shared driveway or trail path.
2. If no acceptable starter policy is provided, search back to the start of 1960 for recorded easements, or references to recorded easements, earlier than 1960; UNLESS the following apply:

a)  On improved Residential property that is a platted subdivision or a Certified Survey Map (CSM) where the commitment to be issued is Two Million or less, search back forty (40) years for recorded easements or easement references.

b)  On unimproved platted subdivision or a Certified Survey Map (CSM) where the commitment to be issued is One Million or less, search back forty (40) years for recorded easements or easement references.

c)  For a full search residential loan policy, as defined under the currently filed Schedule of Charges, search back forty (40) years for recorded easements or easement references.

d)  For Non-residential transactions where the commitment to be issued is Five Million or less  AND you are provided an acceptable survey that discloses apparent easements, search back forty (40) years for recorded easements or easement references.

e)  Or as otherwise specifically approved by a Stewart Underwriter.

NOTE:  This Bulletin does not change the current use of acceptable prior title evidence (starter policies). You may still use a prior Owner's or Loan Policy accordingly with specific Schedule B title exceptions to begin your search, even if the prior policy was issued by another title insurer or one that has been merged into another title insurer.

If there is a significant gap between the current date and the date of the available title records for the applicable county, you should also search that approximate gap time behind the date of the starter.

You must keep a copy of any prior starter policy used in your file.

As always, the use of a starter policy is subject to the following:

IF YOU BELIEVE THAT THE PRIOR TITLE EVIDENCE OR SOURCE OF THE INFORMATION MAY BE UNRELIABLE (SUCH AS A FAILED TITLE COMPANY), UNTRUSTWORTHY, OR INCOMPLETE IN ANY WAY, YOU MAY NOT USE THAT PRIOR POLICY TO START YOUR SEARCH.

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

For on-line viewing of this and other bulletins, please log onto www.vuwriter.com.