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

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 …

Ownership of fossils and artifacts. (a) The ownership of any fossil, artifact or non- fossilized 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) Wh…

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…

Prescriptive easements for electricity delivery and distribution. (a) As used in this section: (i) "Delivery" means the distribution or transmission of electricity; (ii) "Electric utility" means as defined by W.S. 37- 3-401(a)(ii); (iii) "Electricity user" means a person, or the …

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…

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 in the same manner as other easements. The provis…

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…

Validity. (a) A conservation easement is valid even though: (i) It is not appurtenant to an interest in real property; (ii) It can be or has been assigned to another holder; (iii) It is not of a character that has been recognized traditionally at common law; (iv) It imposes a neg…

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…

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.

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 …

Definitions. (a) 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…

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…

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…

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,…

Short title. This act may be cited as the "Uniform Real Property Electronic Recording Act".

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 …

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 …

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…

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…

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.

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…

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…

Word "heirs" or other words of inheritance not necessary to convey fee simple; presumptions. The term "heirs", or other words of inheritance, shall not be necessary to create or convey an estate in fee simple, and every conveyance of real estate shall pass all the estate of the g…

Form of warranty deed. Conveyances of land may be substantially in the following form: 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 warrants to C. D., grantee, …

Form of warranty deed; effect; implied covenants. Every deed in substance in the above form, when otherwise duly executed, shall be deemed and held a conveyance in fee simple, to the grantee, his heirs and assigns, with covenants on the part of the grantor, (a) that at the time o…

Form of quitclaim deed. Quitclaim may be in substance in the following form: Quitclaim Deed. A. B., grantor (here insert grantor's name or names, and place of residence) for the consideration of (here insert consideration) conveys and quitclaims to (here insert grantee's name or …

Form of quitclaim deed; effect generally. Every deed in substance in the form prescribed in the foregoing section, when otherwise duly executed, shall be deemed and held a sufficient conveyance, release and quitclaim to the grantee, his heirs and assigns, in fee of all the then e…

Form of quitclaim deed; effect without word "release". A deed of quitclaim, without the use of the word "release" shall be sufficient to pass all the estate which the grantor could lawfully convey by deed of bargain and sale. And all deeds of quitclaim, heretofore given to real e…

Form of real estate mortgage. Mortgages of land may be in the following form: A. B., mortgagor, (here insert the name or names and place of residence) to secure the payment of (here insert the amount of indebtedness, when due, rate of interest, and whether secured by a note or ot…

Form of real estate mortgage; effect; when covenants implied. Every such mortgage when otherwise duly executed, shall be deemed and held a good and sufficient mortgage in fee to secure the payment of the moneys therein specified; and if the same contains the words "and warrants",…

Master form mortgage; recording authorized; entitlement on face; need not be acknowledged. An instrument containing a form or forms of covenants, conditions, obligations, powers, and other clauses of a mortgage may be recorded in the office of the county clerk, upon the request o…

Master form mortgage; index. When any such instrument is recorded, the recorder shall index such instrument under the name of the person causing it to be recorded in the manner provided for miscellaneous instruments relating to real estate.

Master form mortgage; use by reference. Thereafter any of the provisions of such master form instrument may be incorporated by reference in any mortgage of real estate situated within this state, if such reference in the mortgage states that the master form instrument was recorde…

Master form mortgage; matters not recorded. Whenever a mortgage is presented for recording on which is set forth matter purporting to be a copy or reproduction of such master form instrument or of part thereof, identified by its title as provided in W.S. 34-2-109 and stating the …

Cancellation form for mortgage or deed of trust; recordation; effect. (a) A cancellation or discharge of mortgage or deed of trust may be in the following form substantially: Certificate of Discharge This certifies that a (mortgage or deed of trust, as the case may be) from .... …

Conveyance and encumbrance of homesteads void unless spouse joins; exception. Every owner or occupant of a homestead as established herein may voluntarily sell, mortgage, or otherwise dispose of or encumber the same; provided the instrument of writing conveying, mortgaging, dispo…

Notice of trust or representative capacity of grantee. In all instruments conveying real estate, or interests therein, in which the grantee is described as trustee, agent, or as in any other representative capacity, the instruments of conveyance shall also define the trust or oth…

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…

Priority of mortgages or specific liens on realty. 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.

Private seals. Hereafter it shall not be necessary to use private seals on any instrument in this state.

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…

Recitals in instruments. Recitals in any written instrument shall have no greater effect than they have heretofore had in writings not under seal.

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…

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…

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…

Tax deeds; definitions. (a) 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, …

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…

Tax deeds; possession and affidavits of possession. (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…

Tax deeds; liberal construction; legislative purposes. 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…