Chapter 2 - Deeds, Mortgages And Leases Generally - Wyoming Statutes

CHAPTER 2 - DEEDS, MORTGAGES AND LEASES GENERALLY

 

34-2-101. Word "heirs" or other words of inheritance notnecessary to convey fee simple; presumptions.

 

Theterm "heirs", or other words of inheritance, shall not be necessaryto create or convey an estate in fee simple, and every conveyance of realestate shall pass all the estate of the grantor therein, unless the intent topass a less estate shall expressly appear or be necessarily implied in theterms of the grant.

 

34-2-102. Form of warranty deed.

 

Conveyancesof land may be substantially in the following form:

 

WarrantyDeed.

 

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, (here insert grantee's name or names and place of residence) the followingdescribed real estate (here insert description) situate in the county of ....,state of Wyoming.

 

Dated this .... day of .... A.D. ..........

 

------------------------------------------------------------ A. B.

 

34-2-103. Form of warranty deed; effect; implied covenants.

 

Everydeed in substance in the above form, when otherwise duly executed, shall bedeemed and held a conveyance in fee simple, to the grantee, his heirs andassigns, with covenants on the part of the grantor, (a) that at the time of themaking and delivery of such deed he was lawfully seized of an indefeasibleestate in fee simple in and to the premises therein described, and had goodright and power to convey the same; (b) that the same were then free from allincumbrances; and (c) that he warrants to the grantee, his heirs and assigns,the quiet and peaceful possession of such premises, and will defend the titlethereto against all persons who may lawfully claim the same. And such covenantsshall be obligatory upon the grantor, his heirs and personal representatives,as fully, and with like effect as if written at length in such deed.

 

34-2-104. Form of quitclaim deed.

 

Quitclaimmay be in substance in the following form:

 

QuitclaimDeed.

 

A. B., grantor (here insert grantor's name or names, and place ofresidence) for the consideration of (here insert consideration) conveys andquitclaims to (here insert grantee's name or names) all interest in thefollowing described real estate, (here insert description) situate in thecounty of ...., in the state of Wyoming.

 

Dated this .... day of .... A.D. ..........

 

.................. A. B.

 

34-2-105. Form of quitclaim deed; effect generally.

 

Everydeed in substance in the form prescribed in the foregoing section, whenotherwise duly executed, shall be deemed and held a sufficient conveyance,release and quitclaim to the grantee, his heirs and assigns, in fee of all thethen existing legal or equitable rights of the grantor in the premises thereindescribed, but shall not extend to after acquired title unless words are addedexpressing such intention.

 

34-2-106. Form of quitclaim deed; effect without word"release".

 

Adeed of quitclaim, without the use of the word "release" shall besufficient to pass all the estate which the grantor could lawfully convey bydeed of bargain and sale. And all deeds of quitclaim, heretofore given to realestate in this state, shall have the same effect as deeds of quitclaim andrelease and shall operate the same as if the word "release" had beenused therein.

 

34-2-107. Form of real estate mortgage.

 

Mortgagesof land may be in the following form:

 

A. B., mortgagor, (here insert the name or names and place ofresidence) to secure the payment of (here insert the amount of indebtedness,when due, rate of interest, and whether secured by a note or otherwise), dohereby mortgage the following described real estate (here insert descriptionthereof) situate in.... county, state of Wyoming.

 

The mortgagor agrees to pay all taxes and assessments on saidpremises and to keep the buildings thereon insured in a sum not less than $.... during the life of this mortgage, payable to the mortgagee; and in case hedoes not the mortgagee may insure said building or buildings and pay said taxesand all amounts so paid shall be added to and considered as part of the aboveindebtedness hereby secured. In case of default of payment of either interestor principal then the whole indebtedness herein secured shall become due andpayable, and the mortgagee may proceed, pursuant to law, to foreclose on saidproperty and in case of foreclosure the mortgagor hereby agrees to pay allcosts of the same, including an attorney's fee of $ ....

 

Dated this .... day of .... A.D ....

 

------------------------------------------------------------ A. B.

 

34-2-108. Form of real estate mortgage; effect; when covenantsimplied.

 

Everysuch mortgage when otherwise duly executed, shall be deemed and held a good andsufficient mortgage in fee to secure the payment of the moneys thereinspecified; and if the same contains the words "and warrants", thesame shall be construed the same as if full covenants of seizin, good right toconvey against encumbrances, of quiet enjoyment and general warranty, asexpressed in section one of this act were fully written therein; but if thewords "and warrants" are omitted no such covenant shall be implied.

 

34-2-109. Master form mortgage; recording authorized; entitlement onface; need not be acknowledged.

 

An instrument containing a form or forms ofcovenants, conditions, obligations, powers, and other clauses of a mortgage maybe recorded in the office of the county clerk, upon the request of any person,on tender of the lawful fees therefor, shall record the same in his registry.Every such instrument shall be entitled on the face thereof as a "Masterform recorded by .... (name of person causing the instrument to berecorded)". Such instrument need not be acknowledged to be entitled torecord.

 

34-2-110. Master form mortgage; index.

 

Whenany such instrument is recorded, the recorder shall index such instrument underthe name of the person causing it to be recorded in the manner provided formiscellaneous instruments relating to real estate.

 

34-2-111. Master form mortgage; use by reference.

 

Thereafterany of the provisions of such master form instrument may be incorporated byreference in any mortgage of real estate situated within this state, if suchreference in the mortgage states that the master form instrument was recordedin the county in which the mortgage is offered for record, the date when andthe book and page or pages where such master form instrument was recorded, andthat a copy of such master form instrument was furnished to the personexecuting the mortgage. The recording of any mortgage which has so incorporatedby reference therein any of the provisions of a master form instrument recordedas provided in this section shall have like effect as if such provisions of themaster form so incorporated by reference had been set forth fully in themortgage.

 

34-2-112. Master form mortgage; matters not recorded.

 

Whenevera mortgage is presented for recording on which is set forth matter purportingto 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 date whenit was recorded and the book and page where it was recorded, preceded by thewords "do not record" or "not to be recorded", and on aseparate page from the matter to be recorded as a part of the mortgage in suchmanner that it will not appear upon a photographic reproduction of any pagecontaining any part of the mortgage, such matter shall not be recorded by therecorder to whom the instrument is presented for recording; in such case therecorder shall record only the mortgage apart from such matter and shall not beliable for so doing, any other provisions of law to the contrarynotwithstanding.

 

34-2-113. Cancellation form for mortgage or deed of trust;recordation; effect.

 

 

(a) A cancellation or discharge of mortgage or deed of trustmay be in the following form substantially:

 

Certificateof Discharge

 

This certifies that a (mortgage or deed of trust, as the case maybe) from .... to .... dated .... A.D .... and recorded in book .... of .... onpage ..... has been fully satisfied by the payment of the debt secured thereby,and is hereby cancelled and discharged.

 

Signed in the presence of .... county clerk of .... County.

 

Filed and recorded .... A.D. .... at .... M.

 

County clerk

 

(b) Such cancellation or discharge shall be entered in a bookkept for that purpose, and signed by the mortgagee or trustee, hisattorney-in-fact, executor, administrator or assigns, in the presence of thecounty clerk or his deputy who shall subscribe the same as a witness, and suchcancellation or discharge shall have the same effect as a deed or release duly acknowledgedand recorded.

 

34-2-114. Repealed By Laws 2008, Ch. 20, 3.

 

 

34-2-115. Repealed By Laws 2008, Ch. 20, 3.

 

 

34-2-116. Repealed By Laws 2008, Ch. 20, 3.

 

 

34-2-117. Repealed By Laws 2008, Ch. 20, 3.

 

 

34-2-118. Repealed By Laws 2008, Ch. 20, 3.

 

 

34-2-119. Repealed By Laws 2008, Ch. 20, 3.

 

 

34-2-120. Repealed By Laws 2008, Ch. 20, 3.

 

 

34-2-121. Conveyance and encumbrance of homesteads void unless spousejoins; exception.

 

Everyowner or occupant of a homestead as established herein may voluntarily sell,mortgage, or otherwise dispose of or encumber the same; provided the instrumentof writing conveying, mortgaging, disposing of or encumbering such homesteadshall contain in substance the following words: "Hereby releasing andwaiving all rights under and by virtue of the homestead exemption laws of thisstate", and shall be freely and voluntarily signed and acknowledged by theowner and the spouse of the owner of said homestead. The foregoing provisionsshall not be applicable to nor shall compliance therewith be required for fulllegal effectiveness of any conveyance of property directly from husband towife.

 

34-2-122. Notice of trust or representative capacity of grantee.

 

Inall instruments conveying real estate, or interests therein, in which thegrantee is described as trustee, agent, or as in any other representativecapacity, the instruments of conveyance shall also define the trust or otheragreement under which the grantee is acting. In all instruments conveying realestate, or interests therein, in which the grantee is described as a trust, theinstrument of conveyance shall also define the trust or other instrument andshall be deemed to have vested title in the trustee or trustees of the trust.For purposes of this section, it shall be sufficient to define a trust byproviding in the text of the instrument the name of the trustee or trustees andthe name of the trust, the date of the trust or other agreement, or byreferring by proper description of the affecting record book, page, documentnumber or file, to the instrument, order, decree or other writing, which is ofpublic record in the county in which the land so conveyed is located and inwhich the required information appears; otherwise the description of a granteein any representative capacity in each instrument of conveyance shall beconsidered and held to be a description of the grantee, only, and shall not benotice of any trust, agency or other representative capacity of the grantee whoshall be held as vested with the power to convey, transfer, encumber or releasethe affected title. Whenever the grantee shall execute and deliver aconveyance, transfer, encumbrance or release of the property in arepresentative capacity, it shall not thereafter be questioned by anyoneclaiming as a beneficiary under the trust or agency or by anyone claiming by,through or under any undisclosed beneficiary. Trust property in the name of thetrustee, agent or representative and owned only in that capacity shall not besubject to execution for the grantee's individual obligations.

 

34-2-123. Notice of trust or representative capacity of grantee; priorconveyances.

 

Anyinstrument which complies with this act shall be effective regardless of whenit was executed or recorded. All instruments of conveyance to, or transfer,encumbrance or release of, lands or any interest therein within the state ofWyoming, which name a grantee in a representative capacity, or name a trust asgrantee, and which fail to provide the information required by W.S. 34-2-122,shall cease to be notice of any trust or representative capacity of the granteeand shall be considered and held to be a description of the grantee only, whoshall be held to have individually, the full power to convey, transfer, encumberor release the affected title and no conveyance, transfer, encumbrance orrelease shall thereafter be questioned by anyone claiming with respect to theaffected property, as a beneficiary or by anyone claiming by, through, or underan undisclosed beneficiary, provided that this section shall not apply if thegrantee or any beneficiary or beneficiaries or other properly interested personshall file for record in the proper office of the county in which the land issituated, a statement, duly verified, describing the affected lands andinterest therein, setting forth the interest of the person or entity making thestatement, defining the representative relationship, and setting forth theinformation required by W.S. 34-2-122, or referring by proper description to aninstrument of public record in the county in which the matters shall appear.The identity of any successor trustee may be established by a recordedstatement, duly verified, of the successor trustee specifying his name andaddress and the date and circumstances of his succession, and confirming thathe is currently lawfully serving in that capacity.

 

34-2-124. Priority of mortgages or specific liens on realty.

 

Amortgage or other specific lien on real property shall take precedence over thelien of taxes levied against any other property than the property subject tosuch lien.

 

34-2-125. Private seals.

 

Hereafterit shall not be necessary to use private seals on any instrument in this state.

 

34-2-126. Unsealed writings.

 

Thereshall be no difference in evidence between sealed and unsealed writings andevery writing not sealed shall have the same force and effect that it wouldhave if sealed. A writing under seal may, therefore, be changed or altogetherdischarged by a writing not under seal. An agreement in writing without sealfor the compromise or settlement of a debt is as obligatory as if the seal wereaffixed.

 

34-2-127. Recitals in instruments.

 

Recitalsin any written instrument shall have no greater effect than they have heretoforehad in writings not under seal.

 

34-2-128. No implied tenancy except by sufferance.

 

Inthis state there shall not exist the relations of landlord and tenant, byimplication or operation of law, except a tenancy by sufferance. Upon theexpiration of a term created by lease, either verbal or written, there shall beno implied renewal of the same, for any period of time whatever, either by thetenant holding over or by the landlord accepting compensation or rent for orduring any period of such holding over. Such holding over by the tenant andacceptance of rent by the landlord shall constitute only a tenancy bysufferance, with the rights, duties, obligations and incidents of such tenancy.

 

34-2-129. Leases; renewal.

 

Nolease which shall have expired by its own limitation shall be again renewedexcept by express contract in writing, signed by the parties thereto, whetherthe original lease be written or verbal. Nor shall any other tenancy than thatby sufferance exist after the termination of the original lease, unless createdas aforesaid, by express contract in writing.

 

34-2-130. 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 minerallease has expired, been cancelled, surrendered, relinquished or otherwiseterminated shall for the space of twenty (20) days after being theretorequested, fail, refuse or neglect to record in the office of the county clerkof the county wherein the lands described in said lease are located arecordable certificate or deed of discharge or release thereof, he shall beliable to the lessor, his heirs or assigns for all damages occasioned by such failure,refusal, or neglect, to be recovered in a civil action. The lessor's requestfor discharge or release shall be in writing and delivered to the lessee bypersonal service or registered mail at his last known address. A letterpress orcarbon or written copy of said demand, when shown to be such, may be used asevidence in any court with the same force and effect as the original.

 

34-2-131. Tax deeds; definitions.

 

 

(a) As used in this act:

 

(i) "Tax deed" means any conveyance executed by or onbehalf of the state, or any county, municipality, or other taxing or assessmentunit thereof, which conveys or purports to convey real estate pursuant to anysale, foreclosure, forfeiture or other proceeding to satisfy the lien orindebtedness of any tax or special assessment;

 

(ii) "Former owner" means any person whose interest orestate has been conveyed or purportedly conveyed, or extinguished orpurportedly extinguished, by execution of any tax deed, and any other personsclaiming by, through or under him;

 

(iii) "Grantee" means the grantee named in any taxdeed, and any other persons claiming by, through or under him;

 

(iv) "Possession" refers to possession, and to theextent of possession, as determined by the rules applicable in determining theexistence of adverse possession under a written instrument constituting colorof title, and includes possession by tenant or agent.

 

34-2-132. Tax deeds; 2-year limitation.

 

 

(a) No action, suit or other proceeding shall be commenced bythe former owner to set aside, declare invalid or redeem from a tax deed or thesale, forfeiture, foreclosure or other proceeding upon which it is based or torecover possession, quiet title or otherwise litigate or contest the title ofthe grantee, if:

 

(i) Two (2) years or more have elapsed after the date ofrecording the deed in the office of the county clerk for the county in whichthe real estate described in the deed is situated; and

 

(ii) The grantee has been in possession of the real estatecontinuously for a period of at least six (6) months, at any time after one (1)year and six (6) months have elapsed since the date of recording of the taxdeed.

 

(b) The limitation in subsection (a) of this section appliesregardless of whether the tax deed or any of the proceedings upon which it isbased are void or voidable for any reason, jurisdictional or otherwise. If thedeed is executed substantially in the form prescribed for the execution of taxdeeds, the limitation shall apply regardless of whether the deed is deemed voidupon its face. The period shall not be extended by reason of the minority,insanity, imprisonment, nonresidence, or death of any person, or by reason ofany other fact, or circumstance.

 

34-2-133. Tax deeds; possession and affidavits of possession.

 

(a) Possession by the grantee for a continuous period of notless than six (6) months at any time after one (1) year and six (6) months haveelapsed since the date of recording the tax deed extinguishes forever all theclaims, right, title and interest, including the right to possession, of theformer owner, and vests in the grantee any title conveyed or purportedlyconveyed by the tax deed. Proof of possession by the grantee and the record ofthe tax deed constitutes conclusive evidence of the legality and effectivenessof the deed and any proceedings upon which the deed is based, and of the titleof the grantee. As a means of proving possession and preserving evidence ofpossession under a tax deed, the then owner or holder of the title conveyed orpurportedly conveyed by the tax deed may, at any time after two (2) years fromthe date of recording of the tax deed, file for record in the office of thecounty clerk in which the real estate is located an affidavit substantially inthe following form:

 

AFFIDAVIT OFPOSSESSION AND CLAIM UNDER TAX DEED

 

State of .... )

 

)ss

 

.... County )

 

I, ...., (name)residing at .... (address), being first duly sworn, depose and say that on ....(date) a tax deed was issued to .... (grantee) for the following described realestate: .... .... that said tax deed was filed for record in the office of thecounty clerk and ex officio register of deeds for .... county, ...., on ....(date), and appears in the records of that office in .... County as recorded inbook .... page .... of the .... records; that I am now in possession of suchreal estate and claim title to the same by virtue of such tax deed; that I havebeen in possession of such real estate for a continuous period of not less thansix (6) months immediately preceding the date of this affidavit; and that thefacts concerning the possession of such real estate from the date of recordingthe tax deed to the date of this notice are, insofar as known to me, asfollows:

 

....

 

....

 

....

 

Subscribed and swornto before me this .... .... day of ...., (year).

 

.................

 

Notary Public in and for

 

.......... County

 

......... (state)

 

(b) In any action, suit or proceeding in which the tax deed,any proceedings upon which it is based, or the title of the grantee iscontested or drawn in question, a certified copy of the record of any affidavitof possession and claim under tax deed which has been of record for not lessthan sixty (60) days constitutes prima facie evidence of the facts recitedtherein and of the application of this act.

 

34-2-134. Tax deeds; liberal construction; legislative purposes.

 

Thisact shall be liberally construed to effectuate the legislative purpose ofgiving stability and effect to record titles, of confirming and clarifying thetitles of persons in possession, of providing a means of correcting proceduraland jurisdictional defects without necessity of resort to further proceedings,and of rendering tax titles marketable and protecting purchasers thereofagainst remote claims.

 

34-2-135. Tax deeds; provisions cumulative and retroactive; effectivedate.

 

Nothingin this act shall be construed to extend the period of any other applicablestatute of limitations or to permit the commencement of any proceeding or theenforcement of any claim or interest which is barred by lapse of time or forany other reason. This act shall apply to tax deeds heretofore or hereafterrecorded, but the commencement of any action, suit or proceeding shall not beprecluded by this act until two (2) years after its effective date. Noaffidavit shall be recorded pursuant to this act until two (2) years after itseffective date. This act shall not apply to tax deeds issued only coveringsevered oil, gas, hydrocarbons and other minerals and estates therein.