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1997 Wisconsin Attorney General Reports and Opinions 1 (1997)

handle is hein.sag/sagwi0024 and id is 1 raw text is: STATE OF WISCONSIN DEPARTMENT OF JUSTICE JAMES E. DOYLE 114 East, State Capitol ATTORNEY GENERAL P.O. Box 7857 Madison, WI 53707-7857 Burneatta L. Bridge 608/266-1221 Deputy Attorney General OAG 1-97 January 14, 1997 Mr. William R. Glaves Corporation Counsel Vilas County Courthouse Post Office Box 369 Eagle River, WI 54521 Dear Mr. Glaves: You have asked whether a joint tenant's vendee's interest in a land contract may be terminated pursuant to the procedure set forth in section 867.045, Stats. In my opinion, regardless of the fact that the statute does not expressly refer to a vendee's interest in a land contract, a vendee under a standard land contract who is a joint tenant may use the procedure in section 867.045, to perfect the record as to the termination of a deceased joint vendee's interest. Section 867.045 provides in relevant part, Administrative joint tenancy or life estate termination for certain property. (1) Upon the death of any person having an interest as a joint tenant or life tenant in any real property or in the vendor's interest in a land contract or a mortgagee's interest in a mortgage, the surviving joint tenant or remainderman may obtain evidence of the termination of that interest of the decedent by providing to the register of deeds of the county in which such property is located a certified copy of the death certificate for the decedent and by providing, on applications supplied by the register of deeds for that purpose, the name and address of the decedent and of the surviving joint tenant or remainderman and the date of the decedent's death. A land contract vendee who is a joint tenant possesses an interest as a joint tenant or life tenant in . . . real property within the scope of section 867.045. In Wisconsin, under the doctrine of equitable conversion, a land contract vendee is the beneficial owner of the property since the execution of the land contract, and as such he enjoys the rights and sustains the burdens of ownership. City of Milwaukee v. Greenberg, 163 Wis. 2d 28, 44, 471 N.W.2d 33 (1991). The court in Greenberg made clear that to the extent property is conveyed under a standard land contract, the

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