Title 34, Title 34 — Property, Conveyances And Security Transactions

Letters of attorney; recordation; when revocation valid. No letter of attorney, or other instrument so recorded, shall be deemed to be revoked by any act of the party by whom it was executed, unless the instrument containing such revocation be also recorded in the same office in …

Form and capacity of conveyances. Conveyances of land or of any estate or interest therein, may be made by instrument executed and acknowledged by the party from whom or which the estate or interest is intended to pass.

Quitclaim deed. A deed of quitclaim and release shall be sufficient to pass all the estate which the grantor could lawfully convey by deed of bargain and sale.

Married women; right to convey generally. A married woman may, by her deed or mortgage, convey her real estate in like manner as she might, if she were an unmarried woman.

Married women; right to convey all interest in land divested from husband; effect of conveyance. In all cases where the interest of the husband in any tract or parcel of land has been, or shall be, divested by process of law, or by voluntary conveyance or otherwise, the wife may,…

Married women; conveyance by nonresident. When any married woman, not residing in this state, shall join her husband in any conveyance of real estate situated within this state, the conveyance shall have the same effect as if she were sole, and the acknowledgment of proof of the …

Conveyance by tenant for life. A conveyance made by a tenant for life or years, purporting to grant a greater estate than he possessed or could lawfully convey, shall not work a forfeiture of his estate, but shall pass to the grantee all the estate which such tenant could lawfull…

Claim of adverse possession not to invalidate conveyance. No grant or conveyance of lands or interest therein shall be void, for the reason that at the time of the execution thereof, such land shall be in the actual possession of another, claiming adversely.

Acknowledgment of conveyances; generally. Execution of deeds, mortgages or other conveyances of lands, or any interest in lands, shall be acknowledged by the party or parties executing same, before any notarial officer. The notarial officer taking such acknowledgment shall comply…

Where conveyance to be recorded. A certificate of the acknowledgment of any deed, mortgage or conveyance, or proof of the execution thereof, before a notarial officer, shall entitle such deed, mortgage or conveyance, certificate or certificates aforesaid, to be recorded in the of…

Duties of county clerk generally. (a) The county clerk of each county within this state shall receive and record at length all deeds, mortgages, conveyances, patents, certificates and instruments left with him for that purpose, and he shall endorse on every such instrument the da…

Unrecorded conveyance void as to subsequent purchasers recording first. Every conveyance of real estate within this state, hereafter made, which shall not be recorded as required by law, shall be void, as against any subsequent purchaser or purchasers in good faith and for a valu…

Recorded instrument as notice to subsequent purchasers; recordation of instruments issued by United States or state of Wyoming. (a) Each and every deed, mortgage, instrument or conveyance touching any interest in lands, made and recorded, according to the provisions of this chapt…

Force and effect of conveyances prior to act. All conveyances of real estate heretofore made and acknowledged or proved in accordance with the laws of this state in force at the time of such making, acknowledgment or proof, shall have the same force as evidence, and be recorded i…

Admissibility of conveyance or record thereof as evidence. All deeds, mortgages, conveyances or instruments of any character, concerning any interest in lands within this state, which shall be executed, acknowledged, attested or proved in accordance with the provisions of this ac…

Federal land office instruments; generally; railway maps and affidavits; recording and recording fees. Patents heretofore or hereafter issued by the United States, for lands and certificates of purchase or payment for public lands, heretofore or hereafter issued by the receiver o…

Federal land office instruments; as evidence. The certificate of purchase or payment issued by the receiver of any land office of the United States, or the record thereof, or if the same be lost or destroyed or beyond the reach of the person entitled thereto, secondary evidence o…

Effect on purported absolute conveyance of unrecorded deed of defeasance. When a deed or mortgage purports to be an absolute conveyance in terms, but is made or intended to be made defeasible by force of defeasance, or other instrument for that purpose, the original conveyance sh…

Recorded assignment of mortgage. The recording of the assignment of a mortgage, shall not in itself, be deemed notice of such assignment to the mortgagor, his heirs or personal representatives, so as to invalidate any payment made by them or either of them to the mortgagee.

Husband or wife may appoint each other as attorney-in-fact to control interests. A husband or wife may constitute the other his or her attorney-in-fact to control or dispose of his or her property, or any inchoate or other interest therein and may revoke the same to the same exte…

County clerk to discharge mortgage or deed of trust on record when certificate of release recorded. Any mortgage or deed of trust shall be discharged upon the record thereof, by the county clerk in whose custody it shall be, or in whose office it is recorded, when there shall be …

Force and effect of section 34-1-130 on mortgages and deeds of trust executed and deeds of trust discharged prior to act. The preceding section, as hereby amended, shall apply to all mortgages and deeds of trust, heretofore as well as those which may be hereafter, executed and th…

Liability of mortgagee for failing to discharge; damage limitations; definition. (a) A mortgagee shall, within thirty (30) days after having received by certified or registered mail a request in writing for the discharge or release of a mortgage, execute and acknowledge a certifi…

Release; mortgage of deceased nonresident mortgagee. Whenever any nonresident of this state shall die without this state, owing, at the time of his death, debts secured by mortgage or other incumbrance upon real or personal property situated in this state, and the debtor shall ma…

Release; mortgage of bankrupt corporation mortgagee. It shall be the duty of any county clerk within the state of Wyoming, upon request of any person and the filing in his office of a certified copy of an order of discharge of any receiver or trustee in bankruptcy of any national…

Covenants; not implied in conveyances; exception. No covenant shall be implied in any conveyance of real estate other than a conveyance of oil, gas or other minerals whether such conveyance contains special covenants or not.

Covenants; not implied for payment of sum secured by mortgage. No mortgage shall be construed as implying a covenant for the payment of the sum thereby intended to be secured, where there shall be no express covenant for such payment contained in the mortgage, and, if no bond or …

Fees tail prohibited; future interests of fees tail; worthier title doctrine abolished. (a) The creation of fees tail is not permitted. The use in an otherwise effective conveyance of property of language appropriate to create a fee tail, creates a fee simple in the person who wo…

Perpetuities; short title. This act may be cited as the "Model Rule Against Perpetuities Act".

Perpetuities; time limits for vesting; restrictions on selected lives; legislative intent. (a) No interest in real property shall be valid unless it must vest not later than twenty-one (21) years after some life in being at the creation of the interest and any period of gestation…

Establishing joint tenancy or tenancy by entirety in real or personal property. (a) A joint tenancy or a tenancy by the entirety as to any interest in real or personal property may be established by the owner thereof, by designating in the instrument of conveyance or transfer, th…

Easements. (a) Except as provided in subsection (c) of this section, easements across land executed and recorded after the effective date of this act which do not specifically describe the location of the easement are null and void and of no force and effect. (b) Except as provid…

Instrument transferring title to real property; procedure; exceptions; confidentiality. (a) When a deed, contract or other document transferring legal or equitable title to real property, including instruments conveying ownership of structures on lands not owned by the transferri…

Information to be furnished to department of revenue and the state board of equalization. The county clerk shall place the recording data on the statement of consideration paid and deliver the statement to the county assessor. The county assessor shall furnish information from th…

Penalty for falsifying statement. It is a misdemeanor for a person to willfully falsify or publicly disclose, except as specifically authorized by law, any information on the statement of consideration required by W.S. 34-1-142 and 34-1-143. Upon conviction the offender is subjec…

Definitions. (a) As used in W.S. 34-1-145 through 34-1-150: (i) "Beneficiary" means the record owner of the beneficiary's interest under a trust deed, including successors in interest; (ii) "Mortgage" means as described in W.S. 34-2-107; (iii) "Mortgagee" means the record owner o…

Reconveyance of trust deed or release of mortgage; procedures; forms. (a) A title insurer or title agent may reconvey a trust deed or release a mortgage in accordance with the provisions of subsections (b) through (f) of this section if: (i) The obligation secured by the trust de…

Objections to reconveyance or release. A title insurer or title agent may not record a reconveyance of trust deed or release of mortgage if, within thirty (30) days from the day on which the title insurer or title agent delivered or mailed the notice of intent to release or recon…

Liability of title insurer or title agent. (a) A title insurer or title agent purporting to act under the provisions of W.S. 34-1-146 who reconveys a trust deed or releases a mortgage is liable for the damages suffered as a result of the reconveyance if the obligation secured by …

Application of provisions. The provisions of W.S. 34-1-145 through 34-1-148 apply to any obligation secured by a trust deed or mortgage that was paid prior to, on or after July 1, 1999.

Other sections not affected. W.S. 34-1-145 through 34-1-149 do not excuse a beneficiary, mortgagee, trustee, secured lender or servicer from complying with the provisions of W.S. 34-1-132.

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…

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…

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…

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…

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…