§ 801.11.Presumption that Certificate Issued On Sale Made to Satisfy Assessment Or Bond Paid and Redeemed
Title 10. Actions In Particular Cases · Chapter 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments · Last amended 1951 · Last verified July 28, 2026
Full Text of § 801.11
Plain-English Summary
At trial, the court doesn't just accept the complaint's allegations — it requires proof of the facts alleged before determining the parties' rights. But the statute builds in a substantive presumption that does much of the work in these stale-certificate cases.
Where a certificate was issued on a sale made to satisfy an assessment or bond, and more than four years passed with no deed issued pursuant to that sale, the certificate is presumed paid and redeemed. That presumption hardens into something conclusive if no deed issues within four years of the sale, or by January 1, 1953, whichever comes later — and once that happens, no public official may ever issue a deed pursuant to that sale.
Frequently Asked Questions
What must the court do at trial under § 801.11?
Determine the rights of all the parties and require proof of the facts alleged in the complaint.
When is a certificate of sale presumed paid and redeemed?
When more than four years passed since the sale and no deed pursuant to it has been issued.
When does that presumption become conclusive?
If no deed issues within four years after the sale, or by January 1, 1953, whichever is later — after which no public official may issue a deed on that sale at all.
Amendment History
Amended by Stats. 1951, Ch. 521.