Bush Nielsen recently authored "Ownership and Access to Land Records – Private Records Intended for Public Inspection," which was published in the Wisconsin Law Journal in late July. Nielsen's article explains the American recording system for real estate conveyances and its European precursors. He explains that deeds and other land records are private instruments that are delivered to registers of deeds so that they can be entered in the indices maintained by the recorders. Those indices are then searched to determine ownership of property, permitting the safe transfer of real estate. Conveyance instruments are not public records—that is, official records of governmental action. Thus, Nielsen explains, government does not have a right to charge money for the inspection of these privately-owned documents. Also, that laws requiring the redaction of personal information from public records do not apply.
Nielsen is a shareholder in Reinhart's Litigation and Real Estate practices. He serves as a consultant and expert witness on title insurance, wire transfer fraud, escrows, closings and the title to real estate.
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