Opinion No. Oag 6-90, (1990)

EVERETT B. HALE, Corporation Counsel, Taylor County

You ask whether a register of deeds may refuse to record instruments that are recordable under state law but that are not in compliance with a county subdivision ordinance requiring the preparation of a certified survey map in connection with certain land divisions, if requested or directed to do so by county ordinance.

In my opinion, the answer is no.

Section 59.51, Stats., provides in part as follows:

Register of deeds; duties. The register of deeds shall:(1) Record or cause to be recorded in suitable books to be kept in his office, correctly…