Title 34 — Title 34 — Property, Conveyances And Security Transactions
30 chapters · 958 sections in this title.
W.S. § 34-2-123 Notice of trust or representative capacity of grantee; prior conveyances
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Notice of trust or representative capacity of grantee; prior conveyances. Any instrument which complies with this act shall be effective regardless of when it was executed or recorded. All instruments of conveyance to, or transfer, encumbrance or release of, lands or any interest…
W.S. § 34-2-124 realty
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realty. Priority of mortgages or specific liens on A mortgage or other specific lien on real property shall take precedence over the lien of taxes levied against any other property than the property subject to such lien.
W.S. § 34-2-125 Private seals
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Private seals. Hereafter it shall not be necessary to use private seals on any instrument in this state.
W.S. § 34-2-126 Unsealed writings
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Unsealed writings. There shall be no difference in evidence between sealed and unsealed writings and every writing not sealed shall have the same force and effect that it would have if sealed. A writing under seal may, therefore, be changed or altogether discharged by a writing n…
W.S. § 34-2-127 Recitals in instruments
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Recitals in instruments. Recitals in any written instrument shall have no greater effect than they have heretofore had in writings not under seal.
W.S. § 34-2-128 No implied tenancy except by sufferance
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No implied tenancy except by sufferance. In this state there shall not exist the relations of landlord and tenant, by implication or operation of law, except a tenancy by sufferance. Upon the expiration of a term created by lease, either verbal or written, there shall be no impli…
W.S. § 34-2-129 Leases; renewal
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Leases; renewal. No lease which shall have expired by its own limitation shall be again renewed except by express contract in writing, signed by the parties thereto, whether the original lease be written or verbal. Nor shall any other tenancy than that by sufferance exist after t…
W.S. § 34-2-130 Leases; expiration of oil, gas or other mineral leases; failure to record cancellation or other termination
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Leases; expiration of oil, gas or other mineral leases; failure to record cancellation or other termination. If any lessee, his personal representative, successor or assign, as the case may be, after an oil, gas or other mineral lease has expired, been cancelled, surrendered, rel…
W.S. § 34-2-131 (a) Tax deeds; definitions
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(a) Tax deeds; definitions. As used in this act: (i) "Tax deed" means any conveyance executed by or on behalf of the state, or any county, municipality, or other taxing or assessment unit thereof, which conveys or purports to convey real estate pursuant to any sale, foreclosure, …
W.S. § 34-2-132 Tax deeds; 2-year limitation
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Tax deeds; 2-year limitation. (a) No action, suit or other proceeding shall be commenced by the former owner to set aside, declare invalid or redeem from a tax deed or the sale, forfeiture, foreclosure or other proceeding upon which it is based or to recover possession, quiet tit…
W.S. § 34-2-133 possession
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possession. Tax deeds; possession and affidavits of (a) Possession by the grantee for a continuous period of not less than six (6) months at any time after one (1) year and six (6) months have elapsed since the date of recording the tax deed extinguishes forever all the claims, r…
W.S. § 34-2-134 purposes
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purposes. Tax deeds; liberal construction; legislative This act shall be liberally construed to effectuate the legislative purpose of giving stability and effect to record titles, of confirming and clarifying the titles of persons in possession, of providing a means of correcting…
W.S. § 34-2-135 Tax deeds; provisions cumulative and retroactive; effective date
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Tax deeds; provisions cumulative and retroactive; effective date. Nothing in this act shall be construed to extend the period of any other applicable statute of limitations or to permit the commencement of any proceeding or the enforcement of any claim or interest which is barred…
W.S. § 34-2-136 Form of special warranty deed
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Form of special warranty deed. Conveyances of land may be substantially in the following form: Special Warranty Deed A. B., grantor, (here insert name or names and place of residence), for and in consideration of (here insert consideration) in hand paid, conveys and specially war…
W.S. § 34-2-137 Form of special warranty deed; effect
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Form of special warranty deed; effect. (a) Every deed in substance in the form prescribed in W.S. 34-2-136, when otherwise duly executed, shall have the effect of: (i) A conveyance in fee simple to the grantee, the grantee's heirs, and assigns, of the property named in the specia…
W.S. § 34-3-101 Form
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Form. A deed of trust to secure debts or indemnify sureties may be in the following form, or to the same effect: This deed, made the .... day ...., in the year of ...., between .... (the grantor) of the one part, and .... (the trustee) of the other part; witnesseth: That the said…
W.S. § 34-3-102 Trustee's sale; generally
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Trustee's sale; generally. (a) The trustee in any such deed, except so far as may be therein otherwise provided, shall, whenever required by any creditor secured or any surety indemnified by the deed, or the personal representative of any such creditor or surety, after the debt d…
W.S. § 34-3-103 Trustee's sale; notice
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Trustee's sale; notice. Notice of sale mentioned in W.S. 34-3-102 shall in every case be the same as the notice provided in W.S. 34-4-104.
W.S. § 34-3-104 realty
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realty. Trustee's sale; form of deed for auctioned Every deed for real estate sold under a deed of trust may be made in the following form, or to the same effect: This deed, made the .... day of .... between A. B., trustee, of the first part, and C. D., of the second part, wherea…
W.S. § 34-4-101 Application
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Application. The provisions of this act shall apply to all mortgages containing a power of sale executed prior to the passage thereof, not having been foreclosed, and nothing in this act contained shall be construed as limiting the power of parties to a mortgage to provide therei…
W.S. § 34-4-102 Foreclosure by advertisement
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Foreclosure by advertisement. (a) Every mortgage of real estate, containing therein a power of sale upon default being made in any condition thereof, may be foreclosed by advertisement within ten (10) years after the maturing of such mortgage or the debt secured thereby, or after…
W.S. § 34-4-103 Prerequisites to foreclosure
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Prerequisites to foreclosure. (a) To entitle any party to give a notice as hereinafter prescribed and to make such foreclosure, it is requisite: (i) That some default in a condition of such mortgage has occurred by which the power to sell became operative; (ii) That no suit or pr…
W.S. § 34-4-104 Publication and service of notices; generally
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Publication and service of notices; generally. (a) Notice that the mortgage will be foreclosed by a sale of the mortgaged premises, or some part of them, shall be given by publishing the notice for four (4) consecutive weeks, at least once in each week, in a newspaper printed in …
W.S. § 34-4-105 (a) Publication of notice; contents
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(a) Publication of notice; contents. Every such notice shall include: (i) The names of the mortgagor and of the mortgagee and the assignee of the mortgage if any; (ii) The date of the mortgage and when recorded; (iii) The amount claimed to be due thereon at the date of the notice…
W.S. § 34-4-106 Time, place and manner of sale generally; mortgagee, judgment creditor or lienor shall be present or waive
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Time, place and manner of sale generally; mortgagee, judgment creditor or lienor shall be present or waive. The sale shall be at public vendue, between the hour of ten (10:00) o'clock in the forenoon, and five (5:00) o'clock in the afternoon, at the front door of the courthouse, …
W.S. § 34-4-107 Manner in which distinct tracts or lots sold
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Manner in which distinct tracts or lots sold. If the mortgaged premises consist of distinct tracts or lots the foreclosing mortgagee may offer for sale separately sufficient tracts or lots as shall be necessary to satisfy the amount due on such mortgage at the date of the notice …
W.S. § 34-4-108 Mortgagee may purchase; by whom sale made; mortgagee, judgment creditor or lienor shall be present or waive
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Mortgagee may purchase; by whom sale made; mortgagee, judgment creditor or lienor shall be present or waive. The mortgagee, his assigns, or his or their legal representatives may fairly and in good faith, purchase the premises sold upon foreclosure of any mortgage by advertisemen…
W.S. § 34-4-109 Postponement of sale
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Postponement of sale. A foreclosure sale may be postponed from time to time by inserting a notice of the postponement as soon as practicable in the newspaper in which the original advertisement was published and continuing the publication until the time to which the sale shall be…
W.S. § 34-4-110 conveyance
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conveyance. Successor to officer making sale may execute If the term of service of the officer who makes sale of any lands and tenements as provided in chapter 243 of the Wyoming Compiled Statutes of 1910 expires, or if such officer die, be absent or unable for any cause to make …
W.S. § 34-4-111 Costs and expenses; generally
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Costs and expenses; generally. The costs and expenses of the foreclosure sale, which shall be paid out of the proceeds of the sale, shall include the costs of advertising, the fee of the officer or person making the sale and executing the deed, said fee not to exceed ten dollars …
W.S. § 34-4-112 Costs and expenses; attorney's fees
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Costs and expenses; attorney's fees. Whenever an attorney's fee is provided for in any real or chattel mortgage, or the note or notes secured thereby, such attorney's fee shall not be allowed or added to the mortgage debt in any foreclosure by public advertisement and sale, unles…
W.S. § 34-4-113 Payment of proceeds
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Payment of proceeds. (a) After any sale of real estate made as herein prescribed, proceeds from the sale shall be paid over by the officer or other person making the sale in the following order: (i) Payment of the reasonable expenses of collection and enforcement and, to the exte…
W.S. § 34-5-101 When executed out of state; exceptions
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When executed out of state; exceptions. All deeds and conveyances of real estate given and recorded in the state of Wyoming prior to January 1, 1925, the execution of which shall have been acknowledged before a notarial officer out of this state, where the certificate of official…
W.S. § 34-5-102 Instruments not witnessed; exceptions
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Instruments not witnessed; exceptions. All deeds, mortgages or other instruments executed five (5) years prior to January 1, 1935, not witnessed, and admitted to record, which, under the laws of the state of Wyoming should have been executed in the presence of one (1) witness, sh…
W.S. § 34-5-103 Certificate of acknowledgment; failure to state acknowledgment was according to law; liability of county clerk
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Certificate of acknowledgment; failure to state acknowledgment was according to law; liability of county clerk. All deeds, mortgages, powers of attorney and other instruments executed and acknowledged in any other state, territory or district of the United States five (5) years p…
W.S. § 34-5-104 Certificate of acknowledgment; incomplete
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Certificate of acknowledgment; incomplete. Any conveyance of real estate made ten (10) years or more prior to January 1st, A.D. 1935, purporting to be acknowledged before any justice of the peace, within or without the state of Wyoming, where such justice of the peace did not sta…
W.S. § 34-5-105 Defects in mortgage releases and assignments; time limits for civil action
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Defects in mortgage releases and assignments; time limits for civil action. Any and all mortgage releases and assignments of mortgages which have been heretofore recorded in the office of the county clerk of the county wherein the real estate therein is affected is situate, and h…
W.S. § 34-5-106 When executed by executor; generally
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When executed by executor; generally. In all cases where a conveyance of real estate situate in this state has been made by an executor, administrator or administrator de bonis non, of any deceased person, whether appointed and acting in this or any other state, and the fact of t…
W.S. § 34-5-107 When executed by executor; deceased entryman
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When executed by executor; deceased entryman. Any conveyance of land situate within this state, for which no final proof had been made by a deceased entryman or for which no patent had been issued to such deceased entryman under the land laws of the United States during the life …
W.S. § 34-5-108 Foreign administrator
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Foreign administrator. Any conveyance of real estate heretofore, ten (10) years or more prior to January 1st, A.D. 1935, recorded in the county where such real estate is situate, executed by any foreign administrator, executor or administrator de bonis non, appointed and acting u…
W.S. § 34-5-109 Copies of proceedings in foreign courts
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Copies of proceedings in foreign courts. Duly certified copies, according to law, of the proceedings in foreign courts, mentioned and referred to in W.S. 34-5-107, 34-5-108 and 34-5-110, when recorded in the office of the county clerk of the county where the land involved is situ…
W.S. § 34-5-110 Adverse claims; when adverse claimant barred against purchaser
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Adverse claims; when adverse claimant barred against purchaser. Any claimant having acquired any vested right in and to the said real estate conveyed as aforesaid in the two (2) preceding sections, adverse to the purchaser under the conveyances executed as aforesaid in the two (2…
W.S. § 34-5-111 purchaser
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purchaser. Adverse claims; action by heir against In any action contemplated in the preceding section, commenced and brought by an heir or devisee of such deceased person in this action contemplated, or the successor in interest of such heir or devisee, if it shall appear that su…
W.S. § 34-5-112 Effect of preceding sections on pending litigation; enforcement of rights of minor heir in conveyed property
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Effect of preceding sections on pending litigation; enforcement of rights of minor heir in conveyed property. The provisions of W.S. 34-5-104 through 34-5-108, 34-5-110, 34-5-111, inclusive, shall not affect any pending litigation. And any right which any minor heir may have in a…
W.S. § 34-5-113 Where release of homestead or marital status of grantor not indicated
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Where release of homestead or marital status of grantor not indicated. All conveyances by which any estate or interest in real estate is created, alienated, mortgaged or assigned, or by which the title to any real estate may be affected in law or in equity wherein there is no rel…
W.S. § 34-5-114 generally
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generally. Gifts to religious and educational uses; No gift, devise, bequest, transfer, grant or conveyance of real or personal property to religious, educational, charitable or benevolent uses, which shall in other respects be valid under the laws of this state shall be deemed i…
W.S. § 34-5-115 Gifts to religious and educational uses; existence of prior trust agreements in will
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Gifts to religious and educational uses; existence of prior trust agreements in will. No such gift, bequest or devise contained in any will executed in accordance with the requirements of law shall be deemed invalid by reason of the incorporation by reference in the will of any w…
W.S. § 34-5-116 Gifts to religious and educational uses; valid notwithstanding terms are included only by reference
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Gifts to religious and educational uses; valid notwithstanding terms are included only by reference. (a) Any gift, devise or bequest so made to any such corporation in trust for the uses and purposes contained in such resolution, declaration, or deed of trust, shall be valid and …
W.S. § 34-5-117 Gifts to religious and educational uses; application of W.S
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Gifts to religious and educational uses; application of W.S. 34-5-114 through 34-5-117. All the terms and provisions of this act shall be deemed applicable to all gifts, devises, bequests, transfers, grants or conveyances of real or personal property heretofore made, as well as t…
W.S. § 34-6-101 Renumbered by Laws 1979, ch
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Renumbered by Laws 1979, ch. 142, § 3.