Chapter 1 - General Provisions
CHAPTER 1 - GENERAL PROVISIONS
ARTICLE 1 - IN GENERAL
34-1-101. "Purchaser" defined.
Theterm "purchaser", as used in this act shall be construed to embraceevery person to whom any estate or interest in real estate shall be conveyedfor a valuable consideration, and also every assignee of a mortgage or lease,or other conditional estate.
34-1-102. "Conveyance" defined.
Theterm "conveyance", as used in this act, shall be construed to embraceevery instrument in writing by which any estate or interest in real estate iscreated, alienated, mortgaged or assigned, or by which the title to any realestate may be affected in law or in equity, except wills, leases for a term notexceeding three (3) years, executory contracts for the sale or purchase oflands, and certificates which show that the purchaser has paid the considerationand is entitled to a deed for the lands, and contain a promise or agreement tofurnish said deed at some future time.
34-1-103. Letters of attorney; not a conveyance.
Thepreceding section shall not be construed to extend to a letter of attorney, orother instrument, containing a power to convey lands as agent or attorney forthe owner of such lands.
34-1-104. Letters of attorney; recordation; effect as evidence.
Every letter of attorney, or otherinstrument, containing a power to convey lands as agent or attorney for theowner of such lands, and every executory contract for the sale or purchase oflands, only when acknowledged by such owner, may be recorded by the countyclerk of any county in which the lands to which such letter, instrument orcontract relates, or any part of such lands, may be situated, and when soacknowledged, and the record thereof when recorded, or a transcript of suchrecord duly certified, may be read in evidence in the same manner and with likeeffect as a conveyance recorded in such county.
34-1-105. Letters of attorney; recordation; when revocation valid.
Noletter of attorney, or other instrument so recorded, shall be deemed to berevoked by any act of the party by whom it was executed, unless the instrument containingsuch revocation be also recorded in the same office in which the instrumentcontaining the power was recorded.
34-1-106. Form and capacity of conveyances.
Conveyancesof land or of any estate or interest therein, may be made by instrument executedand acknowledged by the party from whom or which the estate or interest isintended to pass.
34-1-107. Quitclaim deed.
Adeed of quitclaim and release shall be sufficient to pass all the estate whichthe grantor could lawfully convey by deed of bargain and sale.
34-1-108. Married women; right to convey generally.
Amarried woman may, by her deed or mortgage, convey her real estate in likemanner as she might, if she were an unmarried woman.
34-1-109. Married women; right to convey all interest in land divestedfrom husband; effect of conveyance.
Inall cases where the interest of the husband in any tract or parcel of land hasbeen, or shall be, divested by process of law, or by voluntary conveyance orotherwise, the wife may, by her separate deed, release and convey to thepurchaser, his heirs or grantees, all her interest in such tract or parcel ofland, whether in possession or expectancy, in the same manner as though shewere sole and unmarried; and any deed by the wife so executed and acknowledged,shall be a valid and sufficient bar in law and equity to any right or choice ofdower, or other interest which she may thereafter assert in such premises.
34-1-110. Married women; conveyance by nonresident.
Whenany married woman, not residing in this state, shall join her husband in anyconveyance of real estate situated within this state, the conveyance shall havethe same effect as if she were sole, and the acknowledgment of proof of theexecution of such conveyance by her, may be the same as if she were sole.
34-1-111. Conveyance by tenant for life.
Aconveyance made by a tenant for life or years, purporting to grant a greaterestate than he possessed or could lawfully convey, shall not work a forfeitureof his estate, but shall pass to the grantee all the estate which such tenantcould lawfully convey.
34-1-112. Claim of adverse possession not to invalidate conveyance.
Nogrant or conveyance of lands or interest therein shall be void, for the reasonthat at the time of the execution thereof, such land shall be in the actualpossession of another, claiming adversely.
34-1-113. Acknowledgment of conveyances; generally.
Execution of deeds, mortgages or otherconveyances of lands, or any interest in lands, shall be acknowledged by theparty or parties executing same, before any notarial officer. The notarialofficer taking such acknowledgment shall comply with the requirements of W.S.34-26-107.
34-1-114. Repealed By Laws 2008, Ch. 20, 3.
34-1-115. Repealed By Laws 2008, Ch. 20, 3.
34-1-116. Repealed By Laws 2008, Ch. 20, 3.
34-1-117. Repealed By Laws 2008, Ch. 20, 3.
34-1-118. Where conveyance to be recorded.
A certificate of the acknowledgment of anydeed, mortgage or conveyance, or proof of the execution thereof, before anotarial officer, shall entitle such deed, mortgage or conveyance, certificateor certificates aforesaid, to be recorded in the office of the county clerk inthe county where the land lies.
34-1-119. Duties of county clerk generally.
Thecounty clerk of each county within this state shall receive and record atlength all deeds, mortgages, conveyances, patents, certificates and instrumentsleft with him for that purpose, and he shall endorse on every such instrumentthe day and hour on which it was filed for record. The county clerk shall notrecord any document until the address of the grantee, mortgagee or assignee ofthe mortgagee is furnished to the county clerk, but this requirement shall notaffect the validity of the recording of any instrument. Only instruments whichare the originally signed documents or properly certified or authenticatedcopies thereof may be properly recorded. A document is properly certified if incompliance with Rule 902 of the Wyoming Rules of Evidence or other applicablerule or statute.
34-1-120. Unrecorded conveyance void as to subsequent purchasersrecording first.
Everyconveyance of real estate within this state, hereafter made, which shall not berecorded as required by law, shall be void, as against any subsequent purchaseror purchasers in good faith and for a valuable consideration of the same realestate or any portion thereof, whose conveyance shall be first duly recorded.
34-1-121. Recorded instrument as notice to subsequent purchasers; recordationof instruments issued by United States or state of Wyoming.
(a) Each and every deed, mortgage, instrument or conveyancetouching any interest in lands, made and recorded, according to the provisionsof this chapter, shall be notice to and take precedence of any subsequentpurchaser or purchasers from the time of the delivery of any instrument at theoffice of the county clerk, for record. Any and all instruments or otherdocuments, or copies of instruments or other documents duly certified by anyagency, department or bureau of the United States or the state of Wyominghaving charge of the records of the instruments or other documents, conveying,remising or demising, or otherwise affecting:
(i) Real estate on any Indian reservation and relating to anyperiod the real estate may be or has been held by the United States in trustfor an Indian or Indians or Indian tribe, or restricted against alienationunder the laws of the United States, or any interest in the real estate; or
(ii) Real estate, or any interest therein, or any assignmentthereof, issued by the United States or the state of Wyoming, or any agency,department or bureau of either thereof, including mineral leases andassignments thereof, certificates of purchase or payment for public landsissued by the receiver of the land office, shall be entitled to record underthis chapter, and the record of all instruments or other documents shall havethe same effect to all intents and purposes as though the same wereacknowledged and otherwise executed as required by the provisions of thischapter relating to conveyances.
34-1-122. Force and effect of conveyances prior to act.
Allconveyances of real estate heretofore made and acknowledged or proved inaccordance 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 recordedin the same manner and with like effect as conveyances executed andacknowledged in accordance with the provisions of this act.
34-1-123. Admissibility of conveyance or record thereof as evidence.
Alldeeds, mortgages, conveyances or instruments of any character, concerning anyinterest in lands within this state, which shall be executed, acknowledged,attested or proved in accordance with the provisions of this act or the laws ofthis state, or the local laws of any mining district wherein such real estateis situate, in force at the date of such acknowledgment, attestation or proof,may be read in evidence, without in the first instance additional proof of theexecution thereof, and the record of any such deed, mortgage, conveyance orinstrument, whether an original record of any mining district, or a copythereof deposited in the register's [county clerk's] office of any county, in accordancewith the laws of this state (as a part of the records of such mining district)or a record of such recorder's office, when the same appears by such record tobe properly acknowledged, attested or proved in accordance with the laws ofthis state, or of the proper mining district in force at the date of suchacknowledgment, attestation or proof, or a transcript from any such record,certified by the register [county clerk] of the proper county where such deed,mortgage, conveyance or instrument ought by law to be recorded, may, upon theaffidavit of the party desiring to use the same, that the original thereof isnot in his possession or power to produce, be read in evidence with like effectas the original of such deed, mortgage, conveyance or instrument properlyacknowledged, attested or proved as aforesaid, but the effect of such evidencemay be rebutted by other competent testimony.
34-1-124. Federal land office instruments; generally; railway maps andaffidavits; recording and recording fees.
Patentsheretofore or hereafter issued by the United States, for lands and certificatesof purchase or payment for public lands, heretofore or hereafter issued by thereceiver of any land office of the United States, shall be entitled to berecorded under the provisions of this chapter, and the record of all suchinstruments shall have the effect to all intents and purposes, as though samewere acknowledged and otherwise executed as required by law; provided, that anyrailroad company, having a right-of-way or station grounds, acquired inconformity to an act of the congress of the United States, requiring a mapthereof, to be approved by the secretary of the interior, shall file with thecounty clerk, of any county in this state, wherein such right-of-way andstation grounds may be, a copy of such map, duly authenticated, together withthe affidavit of any officer or agent of such railroad company, describing byquarter sections the lands within such county, affected by such right-of-way,which were public lands when such map was approved, and it shall be the duty ofsuch county clerk to record said affidavit, and file said map, and to note uponthe abstract of lands of his office as to each quarter section so described,that a right-of-way across the same is claimed by the company filing said map;provided, further, that the fee for filing said map and recording saidaffidavit, shall be two dollars ($2.00).
34-1-125. Federal land office instruments; as evidence.
Thecertificate of purchase or payment issued by the receiver of any land office ofthe United States, or the record thereof, or if the same be lost or destroyedor beyond the reach of the person entitled thereto, secondary evidence of itscontents, is proof of the title to the lands described therein, equivalent to apatent against all except the United States or the holder of a patent from theUnited States.
34-1-126. Repealed By Laws 2008, Ch. 20, 3.
34-1-127. Effect on purported absolute conveyance of unrecorded deedof defeasance.
When a deed or mortgage purports to be anabsolute conveyance in terms, but is made or intended to be made defeasible byforce of defeasance, or other instrument for that purpose, the originalconveyance shall not be thereby defeated or affected as against any personother than the maker of the defeasance, or his heirs or devisees, or personshaving actual notice thereof, unless the instrument of defeasance shall havebeen recorded in the office of the county clerk of the county where the landslie.
34-1-128. Recorded assignment of mortgage.
Therecording of the assignment of a mortgage, shall not in itself, be deemednotice of such assignment to the mortgagor, his heirs or personalrepresentatives, so as to invalidate any payment made by them or either of themto the mortgagee.
34-1-129. Husband or wife may appoint each other as attorney-in-factto control interests.
Ahusband or wife may constitute the other his or her attorney-in-fact to controlor dispose of his or her property, or any inchoate or other interest thereinand may revoke the same to the same extent and in the same manner as otherpersons.
34-1-130. County clerk to discharge mortgage or deed of trust onrecord when certificate of release recorded.
Any mortgage or deed of trust shall be dischargedupon the record thereof, by the county clerk in whose custody it shall be, orin whose office it is recorded, when there shall be recorded in his office acertificate or deed of release executed by the mortgagee, trustee orbeneficiary, his assignee or legally authorized representative, or by a titleagent or title insurer acting in accordance with the provisions of W.S.34-1-145 through 34-1-150, acknowledged or proven and certified as by lawprescribed to entitle conveyances to be recorded, specifying that such mortgageor deed of trust has been paid or otherwise satisfied or discharged, and thecounty clerk shall make a reference to such release upon the margin of therecord of the mortgage or trust deed.
34-1-131. Force and effect of section 34-1-130 on mortgages and deedsof trust executed and deeds of trust discharged prior to act.
Thepreceding section, as hereby amended, shall apply to all mortgages and deeds oftrust, heretofore as well as those which may be hereafter, executed and the releaseor discharge of any deed of trust heretofore made in accordance with saidsection, by the trustee named in said deed of trust or his successor, is herebylegalized and declared to be as binding upon all parties in interest as thoughsuch release or discharge had been made after the passage of this act.
34-1-132. Liability of mortgagee for failing to discharge; damagelimitations; definition.
(a) A mortgagee shall, within thirty (30) days after havingreceived by certified or registered mail a request in writing for the dischargeor release of a mortgage, execute and acknowledge a certificate or deed ofdischarge or release of the mortgage if there has been full performance of thecondition of the mortgage and if there is no other written agreement betweenthe mortgagee and mortgagor encumbering the property subject to the mortgage.
(b) A mortgagee who fails or refuses to discharge or release amortgage within the thirty (30) day period required by subsection (a) of thissection is liable to the mortgagor or his assignees for:
(i) All actual damages resulting from the mortgagee's failureor refusal to discharge or release the mortgage; and
(ii) Special damages in the amount of one-tenth of one percent(.10%) of the original principal amount of the mortgage for each additional dayafter the thirty (30) day period until the mortgage is released or discharged. Special damages authorized by this paragraph shall not exceed one hundreddollars ($100.00) per day.
(c) Notwithstanding any assignment of the mortgage, themortgagee of record is liable for the damages specified in subsection (b) ofthis section unless, within sixty (60) days after receipt of the request fordischarge or release as provided by subsection (a) of this section, he furnishesto the person making the request the name and address of the current assigneeor holder of the mortgage who has legal authority to execute the discharge orrelease.
(d) As used in this section "mortgagee" means themortgagee named in the original mortgage or, if assigned, the current holder ofthe mortgage or the servicing agent for the current holder of the mortgage.
34-1-133. Release; mortgage of deceased nonresident mortgagee.
Whenever any nonresident of this stateshall die without this state, owing, at the time of his death, debts secured bymortgage or other incumbrance upon real or personal property situated in thisstate, and the debtor shall make voluntary payment of such debt to the executorof the last will and testament of such deceased person, or to the administratorof the estate of such deceased person, whose letters testamentary or ofadministration, as the case may be, were issued from the proper court of thestate or territory of the United States, where such deceased creditor residedat the time of his death, it shall be lawful and competent for such executor oradministrator to execute a full and valid release, and acquittance of suchdebt, and of the mortgage or other incumbrance securing the same; provided,that there shall be attached to such release and acquittance, and made a partthereof, a full and complete transcript of the records of the court issuingsuch letters testamentary or of administration, as the case may be, certifiedto by the clerk of such court, or other proper custodian of the recordsthereof, under his hand and under the seal of such court, fully exhibiting thedue appointment and qualification of such executor or administrator, and thereshall also be attached to such release and made a part thereof, a certificateunder the hand of the presiding judge of such court, or the clerk thereof, thatat the date of such release, the person or persons executing the same, was suchduly appointed and qualified executor or administrator, as set forth in suchrelease. Any release so executed shall be admitted to record, in this state, inthe office of any of the county clerks and upon being recorded in the properoffice, the county clerk shall discharge the mortgage or other incumbrance insuch release mentioned, in the manner provided by law, but this section shallnot be construed to authorize any administrator appointed by the courts of anyother state or territory of the United States, to exercise any power, withinthe state other than the power to receive voluntary payments of debts due tohis intestate, and to release mortgages or other incumbrances upon propertysituate in this state and securing such debts.
34-1-134. Release; mortgage of bankrupt corporation mortgagee.
It shall be the duty of any county clerk withinthe state of Wyoming, upon request of any person and the filing in his officeof a certified copy of an order of discharge of any receiver or trustee inbankruptcy of any national or state bank, trust company or building and loanassociation, to cancel of record any unreleased and unassigned mortgage or deedof trust of record in his office in which such national or state bank, trustcompany, or building and loan association, is mortgagee by releasing the saidmortgage or deed of trust on the margin of the book where the same has beenplaced of record, and said release shall be effective and constitute adischarge of the lien of said mortgage or trust deed upon the real propertycovered by the same in the same manner and to the same effect as if said releasehad been made by the mortgagee thereof.
34-1-135. Covenants; not implied in conveyances; exception.
Nocovenant shall be implied in any conveyance of real estate other than aconveyance of oil, gas or other minerals whether such conveyance containsspecial covenants or not.
34-1-136. Covenants; not implied for payment of sum secured bymortgage.
Nomortgage shall be construed as implying a covenant for the payment of the sumthereby intended to be secured, where there shall be no express covenant forsuch payment contained in the mortgage, and, if no bond or other separateinstrument to secure such payment shall be given, the remedies of the mortgageeshall be confined to the lands mentioned in the mortgage.
34-1-137. Fee tails prohibited; future interests of fee tails.
Thecreation of fees tail is not permitted. The use in an otherwise effectiveconveyance of property of language appropriate to create a fee tail, creates afee simple in the person who would have taken a fee tail. Any future interestlimited upon such an interest is a limitation upon the fee simple and itsvalidity is determined accordingly.
34-1-138. Perpetuities; short title.
Thisact may be cited as the "Model Rule Against Perpetuities Act".
34-1-139. Perpetuities; time limits for vesting; restrictions onselected lives; legislative intent.
(a) No interest in real or personal property shall be goodunless it must vest not later than twenty-one (21) years after some life inbeing at the creation of the interest and any period of gestation involved inthe situation to which the limitation applies. The lives selected to govern thetime of vesting must not be so numerous nor so situated that evidence of theirdeaths is likely to be unreasonably difficult to obtain. It is intended by theenactment of this statute to make effective in this state the Americancommon-law rule against perpetuities.
(b) Subsection (a) of this section shall not apply to a trustcreated after July 1, 2003 if:
(i) The instrument creating the trust states that the ruleagainst perpetuities as provided in subsection (a) of this section shall notapply to the trust;
(ii) The instrument creating the trust states that the trustshall terminate no later than one thousand (1,000) years after the trust'screation; and
(iii) The trust is governed by the laws of this state and thetrustee maintains a place of business, administers the trust in this state oris a resident of this state.
(c) The election provided in subsection (b) of this section shallnot be available to real property owned and held in a trust making an electionunder subsection (b) of this section. Subsection (a) of this section shallapply to such real property held in a trust making an election under subsection(b) of this section. Subsection (b) of this section shall apply to theremaining assets of such trust.
(d) Real property for the purpose of subsection (b) of thissection shall not include a mineral interest or an interest in a corporation,limited liability company, partnership, business trust or other entity.
34-1-140. Establishing joint tenancy or tenancy by entirety in real orpersonal property.
Ajoint tenancy or a tenancy by the entirety as to any interest in real orpersonal property may be established by the owner thereof, by designating inthe instrument of conveyance or transfer, the names of such joint tenants ortenants by the entirety, including his own, without the necessity of anytransfer or conveyance to or through a third person.
34-1-141. Easements.
(a) Except as provided in subsection (c) of this section,easements across land executed and recorded after the effective date of thisact which do not specifically describe the location of the easement are nulland void and of no force and effect.
(b) Except as provided in subsection (c) of this section,agreements entered into after the effective date of this act which grant theright to locate an easement at a later date and which do not specificallydescribe the location of the easement are null and void.
(c) For purposes of this section an easement or agreement whichdoes not specifically describe the location of the easement or which grants aright to locate an easement at a later date shall be valid for a period of one(1) year from the date of execution of the easement or agreement. If thespecific description is not recorded within one (1) year then the easement oragreement shall be of no further force and effect.
(d) For purposes of this section the specific descriptionrequired in an easement shall be sufficient to locate the easement and is notlimited to a survey.
(e) For purposes of this section options to obtain easements ata later date shall not be considered easements or agreements pursuant tosubsections (b) and (c) of this section and shall be for a period not to exceedseven (7) years.
34-1-142. Instrument transferring title to real property; procedure;exceptions; confidentiality.
(a) When a deed, contract or other document transferring legalor equitable title to real property is presented to a county clerk forrecording, the instrument shall be accompanied by a statement under oath by thegrantee or his agent disclosing the name of the grantor and grantee, the dateof transfer, date of sale, a legal description of the property transferred, theactual full amount paid or to be paid for the property, terms of sale and anestimate of the value of any nonreal property included in the sale.
(b) No instrument evidencing a transfer of real property may beaccepted for recording until the sworn statement is received by the countyclerk. The validity or effectiveness of an instrument as between the partiesis not affected by the failure to comply with subsection (a) of this section.
(c) This section does not apply to:
(i) An instrument which confirms, corrects, modifies orsupplements a previously recorded instrument without added consideration;
(ii) A transfer pursuant to mergers, consolidations orreorganizations of business entities;
(iii) A transfer by a subsidiary corporation to its parentcorporation without actual consideration or in sole consideration of thecancellation or surrender of a subsidiary stock;
(iv) A transfer which constitutes a gift of more than one-half(1/2) of the actual value;
(v) A transfer between husband and wife or parent and childwith only nominal consideration therefor;
(vi) An instrument the effect of which is to transfer theproperty to the same party;
(vii) A sale for delinquent taxes or assessments or a sale or atransfer pursuant to a foreclosure;
(viii) Any other transfers which the state board of equalizationand department of revenue exempts upon a finding that the information is notuseful or relevant in determining sales-price ratios.
(d) The sworn statements shall be used by the county assessorsand the state board of equalization and the department of revenue along withother statements filed only as data in a collection of statistics which shallbe used collectively in determining sales-price ratios by county. Anindividual statement shall not, by itself, be used by the county assessor toadjust the assessed value of any individual property.
(e) The statement is not a public record and shall be heldconfidential by the county clerk, county assessor, the state board ofequalization the department of revenue and when disclosed under subsection (g)of this section, any person wishing to review or contest his property taxassessment or valuation and the county board of equalization. These statementsshall not be subject to discovery in any other county or state proceeding.
(f) Repealed by Laws 1991, ch. 174, 3.
(g) Any person or his agent who wishes to review his propertytax assessment or who contests his property tax assessment or valuation in atimely manner pursuant to W.S. 39-13-109(b)(i) is entitled to review statementsof consideration for properties of like use and geographic area available tothe county assessor in determining the value of the property at issue asprovided under W.S. 39-13-109(b)(i). During a review, the county assessorshall disclose information sufficient to permit identification of the realestate parcels used by the county assessor in determining the value of theproperty at issue and provide the person or his agent papers of allinformation, including statements of consideration, the assessor relied upon indetermining the property value and including statements of consideration forproperties of like use and geographic area which were available to the assessorand are requested by the person or his agent. The county assessor shall, uponrequest, provide the person or his agent a statement indicating why a certainproperty was not used in determining the value of the property at issue. Thecounty assessor and the contestant shall disclose those statements ofconsideration to the county board of equalization in conjunction with anyhearing before the board with respect to the value or assessment of thatproperty. As used in W.S. 34-1-142 through 34-1-144:
(i) A "review" is considered the initial meetingsbetween the taxpayer and the county assessor's office pursuant to W.S.39-13-109(b)(i);
(ii) "Contest" means the filing of a formal appealpursuant to W.S. 39-13-109(b)(i);
(iii) "Geographic area" may include any area requestedby the property owner or his agent within the boundaries of the county in whichthe subject property is located.
(h) The state board of equalization shall adopt rules andregulations to implement W.S. 34-1-142 and 34-1-143 which shall include formsto be used and which shall be used by county assessors and county clerks.
34-1-143. Information to be furnished to department of revenue and thestate board of equalization.
Thecounty clerk shall place the recording data on the statement of considerationpaid and deliver the statement to the county assessor. The county assessorshall furnish information from the statements of consideration to the stateboard of equalization and department of revenue as the board or departmentshall require, and when disclosed under W.S. 34-1-142(g) and 39-13-109(b)(i),any person or his agent wishing to review or contest his property taxassessment or valuation and the county board of equalization. The countyassessor may furnish information from the statements of consideration to acounty assessor in another county in this state to be used as provided by law.
34-1-144. Penalty for falsifying statement.
Itis a misdemeanor for a person to willfully falsify or publicly disclose, exceptas specifically authorized by law, any information on the statement ofconsideration required by W.S. 34-1-142 and 34-1-143. Upon conviction theoffender is subject to a fine of not more than seven hundred fifty dollars($750.00), imprisonment for not more than six (6) months, or both.
34-1-145. Definitions.
(a) As used in W.S. 34-1-145 through 34-1-150:
(i) "Beneficiary" means the record owner of thebeneficiary'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 of themortgagee's interest under a mortgage, including a successor in interest;
(iv) "Satisfactory evidence of the full payment of theobligation secured by a trust deed or mortgage" means the original cancelledcheck or a copy of a cancelled check, showing all endorsements, payable to thebeneficiary, servicer or mortgagee and reasonable documentary evidence that thecheck was to effect full payment under the trust deed or an encumbrance uponthe property covered by the trust deed or mortgage;
(v) "Servicer" means a person or entity that collectsloan payments on behalf of a beneficiary or mortgagee;
(vi) "Title agent" means a title insurance agentlicensed as an organization under W.S. 26-23-316 and bonded as a titleabstractor under W.S. 26-23-308 or 33-2-101;
(vii) "Title insurer" means a title insurer authorizedto conduct business in the state under the Wyoming Insurance Code;
(viii) "Trust deed" means as described in W.S. 34-3-101.
34-1-146. Reconveyance of trust deed or release of mortgage;procedures; forms.
(a) A title insurer or title agent may reconvey a trust deed orrelease a mortgage in accordance with the provisions of subsections (b) through(f) of this section if:
(i) The obligation secured by the trust deed or mortgage hasbeen fully paid by the title insurer or title agent; or
(ii) The title insurer or title agent possesses satisfactoryevidence of the full payment of the obligation secured by a trust deed ormortgage.
(b) A title insurer or title agent may reconvey a trust deed orrelease a mortgage under subsection (a) of this section regardless of whetherthe title insurer or title agent is named as a trustee under a trust deed orhas the authority to release a mortgage.
(c) No sooner than thirty (30) days after payment in full ofthe obligation secured by a trust deed or mortgage, and after notice is givenpursuant to W.S. 34-1-132, the title insurer or title agent shall deliver tothe beneficiary, mortgagee or servicer, or send by certified mail to thebeneficiary, mortgagee or servicer, at the address specified in the trust deedor mortgage or at any address for the beneficiary or mortgagee specified in thelast recorded assignment of the trust deed or mortgage a notice of intent torelease or reconvey and a copy of the release or reconveyance to be recorded asprovided in subsections (d) and (e) of this section.
(d) The notice of intent to release or reconvey shall containthe name of the beneficiary or mortgagee and the servicer if loan payments onthe trust deed or mortgage are collected by a servicer, the name of the titleinsurer or title agent, the date and be substantially in the following
form:
NOTICEOF INTENT TO RELEASE OR RECONVEY
Notice is herebygiven to you as follows:
1. This noticeconcerns the (trust deed or mortgage) described as follows:
(Trustor orMortgagor):________________________________
(Beneficiary orMortgagee):____________________________
RecordingInformation: ________________________________
BookNumber:___________________________________________
Page Number:__________________________________________
2. Theundersigned claims to have paid in full or possesses satisfactory evidence ofthe full payment of the obligation secured by the trust deed or mortgagedescribed above.
3. Theundersigned will fully release the mortgage or reconvey the trust deeddescribed in this notice unless, within thirty (30) days from the date statedon this notice, the undersigned has received by certified mail a notice statingthat the obligation secured by the trust deed or mortgage has not been paid infull or that you otherwise object to the release of the mortgage or thereconveyance of the trust deed. Notice shall be mailed to the address stated onthis form.
4. A copy of the(release of mortgage or reconveyance of trust deed) is enclosed with thisnotice.
(Signatureof title insurer or title agent)
(Addressof title insurer or title agent)
(e) If, within thirty (30) days from the day on which the titleinsurer or title agent delivered or mailed the notice of intent to release orreconvey in accordance with subsections (c) and (d) of this section, thebeneficiary, mortgagee or servicer does not send by certified mail to the titleinsurer or title agent a notice that the obligation secured by the trust deedor mortgage has not been paid in full or that the beneficiary, mortgagee orservicer objects to the release of the mortgage or reconveyance of the trustdeed, the title insurer or title agent may execute, acknowledge and record areconveyance of a trust deed or release of a mortgage:
(i) A reconveyance of a trust deed under this subsection shallbe in substantially the following form:
RECONVEYANCEOF TRUST DEED
(Name of titleinsurer or title agent), a (title insurer or title agent) authorized to conductbusiness in the state does hereby reconvey, without warranty, the followingtrust property located in .... County, state of Wyoming, that is covered by atrust deed naming (name of trustor) as trustor, and (name of beneficiary) asbeneficiary and was recorded on ...., ....(year), as document number ...., or,if applicable, in Book .... at Page...., (insert a description of the trustproperty):
The undersignedtitle insurer or title agent certifies as follows:
1. Theundersigned title insurer or title agent has fully paid the obligation securedby the trust deed or possesses satisfactory evidence of the full payment of theobligation secured by the trust deed.
2. No sooner thanthirty (30) days after payment in full of the obligation secured by the trustdeed, the title insurer or title agent delivered or sent by certified mail tothe beneficiary or servicer at the address specified in the trust deed and atany address for the beneficiary specified in the last recorded assignment ofthe trust deed, a notice of intent to release or reconvey and a copy of thereconveyance.
3. The titleinsurer or title agent did not receive, within thirty (30) days from the day onwhich the title insurer or title agent delivered or mailed the notice of intentto release or reconvey, a notice from the beneficiary or servicer sent bycertified mail that the obligation secured by the trust deed has not been paidin full or that the beneficiary or servicer objects to the reconveyance of thetrust deed.
____________________________
____________________________
(Notarization)
(Signatureof title insurer or title agent)
(ii) A release of a mortgage under this subsection shall be insubstantially the following form:
RELEASEOF MORTGAGE
(Name of titleinsurer or title agent), a (title insurer or title agent) authorized to conductbusiness in the state does hereby release the mortgage on the followingproperty located in .... County, state of Wyoming, that is covered by amortgage naming (name of mortgagor) as mortgagor, and (name of mortgagee) asmortgagee and was recorded on ...., ....(year), as document number ...., or, ifapplicable, in Book .... at Page...., (insert a description of the trustproperty):
The undersignedtitle insurer or title agent certifies as follows:
1. Theundersigned title insurer or title agent has fully paid the obligation securedby the mortgage or possesses satisfactory evidence of the full payment of theobligation secured by the mortgage.
2. No sooner thanthirty (30) days after payment in full of the obligation secured by themortgage, the title insurer or title agent delivered to the mortgagee or sentby certified mail to the mortgagee or servicer at the address specified in themortgage and at any address for the mortgagee specified in the last recordedassignment of the mortgage, a notice of intent to release or reconvey and acopy of the release.
3. The titleinsurer or title agent did not receive, within thirty (30) days from the day onwhich the title insurer or title agent delivered or mailed the notice of intentto release or reconvey, a notice from the mortgagee or servicer sent bycertified mail that the obligation secured by the mortgage has not been paid infull or that the mortgagee or servicer objects to the release of the mortgage.
___________________________
___________________________
(Notarization)
(Signatureof title insurer or title agent)
(iii) A release of mortgage or reconveyance of trust deed that isexecuted and notarized in accordance with paragraph (i) or (ii) of thissubsection is entitled to recordation in accordance with W.S. 34-1-119 and34-1-130. Except as otherwise provided in this paragraph, a reconveyance of atrust deed or release of a mortgage that is recorded under this paragraph isvalid regardless of any deficiency in the release or reconveyance procedure. Ifthe title insurer's or title agent's signature on a release of mortgage orreconveyance of trust deed recorded under this paragraph is forged, the releaseof mortgage or reconveyance of trust deed is void.
(f) A release of mortgage or reconveyance of trust deed underthis section does not discharge an obligation that was secured by the trustdeed or mortgage at the time the trust deed was reconveyed or the mortgage wasreleased.
34-1-147. Objections to reconveyance or release.
A title insurer or title agent may notrecord 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 ormailed the notice of intent to release or reconvey in accordance with W.S.34-1-146(c) and (d), the beneficiary, mortgagee or servicer sends a notice bycertified mail that the obligation secured by the trust deed or mortgage hasnot been paid in full or objects to the release of the mortgage or reconveyanceof the trust deed under W.S. 34-1-146(e).
34-1-148. Liability of title insurer or title agent.
(a) A title insurer or title agent purporting to act under theprovisions of W.S. 34-1-146 who reconveys a trust deed or releases a mortgageis liable for the damages suffered as a result of the reconveyance if theobligation secured by the trust deed or mortgage has not been fully paid and:
(i) The title insurer or title agent failed to comply with theprovisions of W.S. 34-1-146 and 34-1-147; or
(ii) The title insurer or title agent acted with grossnegligence or in bad faith in reconveying the trust deed.
34-1-149. Application of provisions.
The provisions of W.S. 34-1-145 through34-1-148 apply to any obligation secured by a trust deed or mortgage that waspaid prior to, on or after July 1, 1999.
34-1-150. Other sections not affected.
W.S. 34-1-145 through 34-1-149 do notexcuse a beneficiary, mortgagee, trustee, secured lender or servicer fromcomplying with the provisions of W.S. 34-1-132.
34-1-151. Property disclosure statement.
(a) Except as provided in subsection (b) of this section, everyseller of vacant land shall provide to any prospective buyer a propertydisclosure statement that includes, but is not limited to, the followinginformation:
(i) Whether the property is being offered as a unified estate;
(ii) If fee ownership of the underlying mineral estate has inany way been severed in the chain of title from the surface estate;
(iii) The availability and location of public utilities;
(iv) The name of the entity that maintains the roads and thelevel of maintenance available;
(v) The availability of water and sewer infrastructure;
(vi) The availability of fire protection services; and
(vii) The existence and location of any easements across the landknown to the seller or recorded in the records of the county clerk.
(b) A buyer may waive disclosure of the information requiredunder subsection (a) of this section.
(c) No transfer subject to this section shall be invalidatedsolely because of the failure to comply with the provisions of subsection (a)of this section. However, any person who willfully or negligently violates orfails to perform the duties prescribed by subsection (a) of this section shallbe liable in the amount of actual damages suffered by the buyer.
34-1-152. Ownership of pore space underlying surfaces.
(a) The ownership of all pore space in all strata below thesurface lands and waters of this state is declared to be vested in the severalowners of the surface above the strata.
(b) A conveyance of the surface ownership of real propertyshall be a conveyance of the pore space in all strata below the surface of suchreal property unless the ownership interest in such pore space previously hasbeen severed from the surface ownership or is explicitly excluded in theconveyance. The ownership of pore space in strata may be conveyed in themanner provided by law for the transfer of mineral interests in real property. No agreement conveying mineral or other interests underlying the surface shallact to convey ownership of any pore space in the stratum unless the agreementexplicitly conveys that ownership interest.
(c) No provision of law, including a lawfully adopted rule orregulation, requiring notice to be given to a surface owner, to an owner of themineral interest, or to both, shall be construed to require notice to personsholding ownership interest in any pore space in the underlying strata unlessthe law specifies notice to such persons is required.
(d) As used in this section, the term "pore space" isdefined to mean subsurface space which can be used as storage space for carbondioxide or other substances.
(e) Nothing in this section shall be construed to change oralter the common law as of July 1, 2008, as it relates to the rights belongingto, or the dominance of, the mineral estate. For the purpose of determiningthe priority of subsurface uses between a severed mineral estate and pore spaceas defined in subsection (d) of this section, the severed mineral estate isdominant regardless of whether ownership of the pore space is vested in theseveral owners of the surface or is owned separately from the surface.
(f) All instruments which transfer the rights to pore spaceunder this section shall describe the scope of any right to use the surfaceestate. The owner of any pore space right shall have no right to use thesurface estate beyond that set out in a properly recorded instrument.
(g) Transfers of pore space rights made after July 1, 2008 arenull and void at the option of the owner of the surface estate if the transferinstrument does not contain a specific description of the location of the porespace being transferred. The description may include but is not limited to asubsurface geologic or seismic survey or a metes and bounds description of thesurface lying over the transferred pore space. In the event a description of thesurface is used, the transfer shall be deemed to include pore space at alldepths underlying the described surface area unless specifically excluded. Thevalidity of pore space rights under this subsection shall not affect therespective liabilities of any party and such liabilities shall operate in thesame manner as if the pore space transfer were valid.
(h) Nothing in this section shall alter, amend, diminish orinvalidate rights to the use of subsurface pore space that were acquired bycontract or lease prior to July 1, 2008.
34-1-153. Ownership of material injected into geologic sequestrationsites; liability for holding interests related to a sequestration site orgiving consent to allow geologic sequestration activities.
(a) All carbon dioxide, and other substances injectedincidental to the injection of carbon dioxide, injected into any geologicsequestration site for the purpose of geologic sequestration shall be presumedto be owned by the injector of such material and all rights, benefits, burdensand liabilities of such ownership shall belong to the injector. Thispresumption may be rebutted by a person claiming contrary ownership by apreponderance of the evidence in an action to establish ownership.
(b) No owner of pore space, other person holding any right tocontrol pore space or other surface or subsurface interest holder, shall beliable for the effects of injecting carbon dioxide for geologic sequestrationpurposes, or for the effects of injecting other substances for the purpose ofgeologic sequestration which substances are injected incidental to theinjection of carbon dioxide, solely by virtue of their interest or by theirhaving given consent to the injection.
ARTICLE 2 - UNIFORM CONSERVATION EASEMENT ACT
34-1-201. 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 requiresotherwise:
(i) "Conservation easement" means a nonpossessoryinterest of a holder in real property imposing limitations or affirmativeobligations the purposes of which include retaining or protecting natural,scenic, or open space values of real property, assuring its availability foragricultural, forest, recreational or open space use, protecting naturalresources, maintaining or enhancing air or water quality, or preserving thehistorical, architectural, archeological or cultural aspects of real property;
(ii) "Holder" means:
(A) A governmental body empowered to hold an interest in realproperty under the laws of this state or the United States but does not includethe Wyoming board of land commissioners after the effective date of 2008 HouseEnrolled Act 15; or
(B) A charitable corporation, charitable association or charitabletrust, a primary purpose or power of which includes retaining or protecting thenatural, scenic or open space values of real property, assuring theavailability of real property for agricultural, forest, recreational or openspace use, protecting natural resources, maintaining or enhancing air or waterquality, or preserving the historical, architectural, archeological or culturalaspects of real property.
(iii) "Third-party right of enforcement" means a rightprovided in a conservation easement to enforce any of its terms granted to agovernmental body, charitable corporation, charitable association or charitabletrust, which, although eligible to be a holder, is not a holder;
(iv) "This act" means W.S. 34-1-201 through 34-1-207.
34-1-202. Creation; conveyance; acceptance and duration.
(a) Except as otherwise provided in this article, aconservation easement may be created, conveyed, recorded, assigned, released,modified, terminated or otherwise altered or affected in the same manner asother easements. The provisions of W.S. 34-1-141 shall apply to this article.
(b) No right or duty in favor of or against a holder and noright in favor of a person having a third-party right of enforcement arisesunder a conservation easement before its acceptance by the holder and arecordation of the acceptance.
(c) Except as provided by W.S. 34-1-203(b), a conservationeasement is unlimited in duration unless the instrument creating the easementprovides otherwise.
(d) An interest in real property and any interest in mineralsincluding any leasehold interests are not impaired in any way by a conservationeasement unless the owners of those interests consent to the conservationeasement.
(e) This act shall not alter the law of Wyoming regarding theprimacy of the mineral estate and any easement created hereunder shall notlimit the right of a mineral owner or his lessee to reasonable use of thesurface for the purpose of mineral exploration and production unless the ownersand lessees of the entire mineral estate and geologic sequestration right are aparty to the conservation easement or consent to the conservation easement.
34-1-203. Judicial action; modification; termination.
(a) An action affecting a conservation easement may be broughtby:
(i) An owner of an interest in the real property burdened bythe conservation easement;
(ii) A holder of the conservation easement;
(iii) A person having third-party rights of enforcement, as namedin the instrument creating the conservation easement.
(b) This article shall not affect the power of a court tomodify or terminate a conservation easement in accordance with the principlesof law and equity.
34-1-204. 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 recognizedtraditionally at common law;
(iv) It imposes a negative burden;
(v) It imposes affirmative obligations upon the owner of aninterest in the burdened property or upon the holder;
(vi) The benefit does not touch or concern the real property; or
(vii) There is no privity of estate or of contract.
34-1-205. Applicability.
(a) This article shall apply to any interest created after itseffective d