Title 34 — Title 34 — Property, Conveyances And Security Transactions
30 chapters · 958 sections in this title.
W.S. § 34-1-151 Property disclosure statement
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Property disclosure statement. (a) Unless disclosure is waived as provided in subsection (b) of this section, every seller of vacant land shall provide to any prospective buyer a property disclosure statement that includes, but is not limited to, the following information: (i) Wh…
W.S. § 34-1-152 Ownership of pore space underlying surfaces
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Ownership of pore space underlying surfaces. (a) The ownership of all pore space in all strata below the surface lands and waters of this state is declared to be vested in the several owners of the surface above the strata. (b) A conveyance of the surface ownership of real proper…
W.S. § 34-1-153 Ownership of material injected into geologic sequestration sites; liability for holding interests related to a sequestration site or giving consent to allow geologic sequestration activities
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Ownership of material injected into geologic sequestration sites; liability for holding interests related to a sequestration site or giving consent to allow geologic sequestration activities. (a) All carbon dioxide, and other substances injected incidental to the injection of car…
W.S. § 34-1-154 Removal of restrictive covenants in violation of law
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Removal of restrictive covenants in violation of law. (a) Any person who holds an ownership interest of record in real property in this state, or any attorney, title insurance company or title insurance agent authorized to do business in this state and acting on behalf of a perso…
W.S. § 34-1-155 Process for removing restrictive covenants in violation of law
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Process for removing restrictive covenants in violation of law. (a) In accordance with W.S. 34-1-154, a new instrument removing a restrictive covenant that is in violation of law may be recorded by filing the new instrument with the county clerk for the county in which the real p…
W.S. § 34-1-156 Civil action for removing enforceable covenants
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Civil action for removing enforceable covenants. (a) Any person whose real property is subject to, or is benefitted by, a restrictive covenant that was removed under W.S. 34-1-155 and who believes the restrictive covenant is valid, may petition the court having jurisdiction over …
W.S. § 34-1-157 Ownership of fossils and artifacts
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Ownership of fossils and artifacts. (a) The ownership of any fossil, artifact or nonfossilized animal remains discovered in the strata below the surface lands and waters of the state is vested in the owner of the surface estate, unless otherwise governed by W.S. 7-4-106. (b) When…
W.S. § 34-1-158 Prescriptive easement for water conveyance
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Prescriptive easement for water conveyance. (a) A prescriptive easement for a water conveyance may be established if a water user has used and maintained a water conveyance under a claim of right for a period of ten (10) years during which the use has been: (i) Continuous and uni…
W.S. § 34-1-159 Prescriptive easements for electricity delivery and distribution
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Prescriptive easements for electricity delivery and distribution. (a) As used in this section: (i) "Delivery" means the distribution or transmission of electricity; (ii) 3-401(a)(ii); "Electric utility" means as defined by W.S. 37- (iii) "Electricity user" means a person, or the …
W.S. § 34-1-201 Short title; definitions
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Short title; definitions. (a) This article shall be known and may be cited as the "Uniform Conservation Easement Act". (b) As used in this article, unless the context requires otherwise: (i) "Conservation easement" means a nonpossessory interest of a holder in real property impos…
W.S. § 34-1-202 "This act" means W.S
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"This act" means W.S. 34-1-201 through 34-1-207. Creation; conveyance; acceptance and duration. (a) Except as otherwise provided in this article, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected …
W.S. § 34-1-203 Judicial action; modification; termination
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Judicial action; modification; termination. (a) An action affecting a conservation easement may be brought by: (i) An owner of an interest in the real property burdened by the conservation easement; (ii) A holder of the conservation easement; (iii) A person having third-party rig…
W.S. § 34-1-204 (a) Validity
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(a) Validity. A conservation easement is valid even though: (i) It is not appurtenant to an interest in real (ii) It can be or has been assigned to another property; holder; (iii) It is not of a character that has been recognized traditionally at common law; (iv) It imposes a neg…
W.S. § 34-1-205 Applicability
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Applicability. (a) This article shall apply to any interest created after its effective date which complies with the requirements of this article, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement or otherwise. (b) This art…
W.S. § 34-1-206 Uniformity of application and construction
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Uniformity of application and construction. This article shall be applied and construed to effectuate its general purpose to make uniform the laws with respect to the subject of the article among the states enacting it.
W.S. § 34-1-207 Eminent domain; taxation
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Eminent domain; taxation. (a) Conservation easements shall be subject to the state's power of eminent domain in the same manner as any other real property interest. (b) The real property tax imposed upon real property subject to a conservation easement shall not be less than the …
W.S. § 34-1-301 (a) Definitions
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(a) Definitions. As used in this article: (i) "Historic preservation right" means a nonpossessory property right stated in the form of a restriction, easement, covenant or condition or, with or without limitation, in any other form in any deed, will, plat or in any other instrume…
W.S. § 34-1-302 Conveyance; acceptance by grantee
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Conveyance; acceptance by grantee. (a) An owner may convey a historic preservation right in real property to the state, any city, town, county, joint powers board or other political subdivision of the state or to a nonprofit corporation or trust whose primary purpose includes the…
W.S. § 34-1-303 Historic preservation rights specified; release, transfer or assignment restricted
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Historic preservation rights specified; release, transfer or assignment restricted. (a) An instrument conveying or reserving a historic preservation right may require, prohibit, condition, limit or control any of the following with respect to the grantor or grantee: (i) Access or…
W.S. § 34-1-304 Enforcement by civil action
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Enforcement by civil action. The state, any city, town, county, joint powers board or other political subdivision of the state or any nonprofit corporation or trust holding a historic preservation right may enforce the right by initiating a civil action seeking injunctive relief,…
W.S. § 34-1-401 Short title
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Short title. This act may be cited as the "Uniform Real Property Electronic Recording Act".
W.S. § 34-1-402 Definitions
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Definitions. (a) As used in this act unless the context otherwise requires: (i) "Document" means information that is: (A) Inscribed on a tangible medium or that is stored in an electronic or other medium and retrievable in perceivable form; and (B) Eligible to be recorded in the …
W.S. § 34-1-403 Validity of electronic documents
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Validity of electronic documents. (a) If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium or be in writing, the requirement is satisfied by an electronic document satisfying this act. (b) If a law requires, as a …
W.S. § 34-1-404 Recording of documents
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Recording of documents. (a) A county clerk who implements any of the functions in this section shall do so in compliance with rules promulgated by the department of enterprise technology services pursuant to W.S. 34-1-405. (b) A county clerk may: (i) Receive, index, store, archiv…
W.S. § 34-1-405 Administration and standards
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Administration and standards. (a) The department of enterprise technology services shall promulgate rules in accordance with the Wyoming Administrative Procedure Act to implement this act. (b) The department of enterprise technology services in adopting rules pursuant to this sec…
W.S. § 34-1-406 Uniformity of application and construction
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Uniformity of application and construction. In applying and construing this act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
W.S. § 34-1-407 Relation to Electronic Signatures in Global and National Commerce Act
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Relation to Electronic Signatures in Global and National Commerce Act. This act modifies, limits and supersedes the Electronic Signatures in Global and National Commerce Act, section 7001 et seq. of title 15 of the United States Code but does not modify, limit or supersede sectio…
W.S. § 34-1-501 Home based child care limitations
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Home based child care limitations. For residential property subject to a covenant that does not clearly and expressly prohibit child care, the provision of child care in a family day care home is a residential use of property and is a residential purpose. For purposes of this sec…