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…
W.S. § 34-2-101 Word "heirs" or other words of inheritance not necessary to convey fee simple; presumptions
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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…
W.S. § 34-2-102 Form of warranty deed
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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, …
W.S. § 34-2-103 covenants
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covenants. Form of warranty deed; effect; implied 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…
W.S. § 34-2-104 Form of quitclaim deed
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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 …
W.S. § 34-2-105 Form of quitclaim deed; effect generally
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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…
W.S. § 34-2-106 "release"
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"release". Form of quitclaim deed; effect without word 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…
W.S. § 34-2-107 Form of real estate mortgage
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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…
W.S. § 34-2-108 Form of real estate mortgage; effect; when covenants implied
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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",…
W.S. § 34-2-109 Master form mortgage; recording authorized; entitlement on face; need not be acknowledged
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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…
W.S. § 34-2-110 Master form mortgage; index
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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.
W.S. § 34-2-111 Master form mortgage; use by reference
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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…
W.S. § 34-2-112 Master form mortgage; matters not recorded
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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 …
W.S. § 34-2-113 Cancellation form for mortgage or deed of trust; recordation; effect
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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 .... …
W.S. § 34-2-114 Repealed By Laws 2008, Ch
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Repealed By Laws 2008, Ch. 20, § 3.
W.S. § 34-2-115 Repealed By Laws 2008, Ch
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Repealed By Laws 2008, Ch. 20, § 3.
W.S. § 34-2-116 Repealed By Laws 2008, Ch
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Repealed By Laws 2008, Ch. 20, § 3.
W.S. § 34-2-117 Repealed By Laws 2008, Ch
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Repealed By Laws 2008, Ch. 20, § 3.
W.S. § 34-2-118 Repealed By Laws 2008, Ch
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Repealed By Laws 2008, Ch. 20, § 3.
W.S. § 34-2-119 Repealed By Laws 2008, Ch
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Repealed By Laws 2008, Ch. 20, § 3.
W.S. § 34-2-120 Repealed By Laws 2008, Ch
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Repealed By Laws 2008, Ch. 20, § 3.
W.S. § 34-2-121 Conveyance and encumbrance of homesteads void unless spouse joins; exception
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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…
W.S. § 34-2-122 grantee
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grantee. Notice of trust or representative capacity of 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…