Wyoming Real Estate Deeds

Conveyances in Wyoming are authorized by 34-1-102 of the Wyoming Revised Statutes and can be made by an instrument that has been executed and acknowledged by the party from whom the estate or interest is intended to pass (the grantor). Common documents of conveyance for residential transactions in this state include warranty deeds and quitclaim deeds.

Any person who has the legal right to own property in Wyoming may convey it by a deed in writing to a grantee that has the legal capacity to receive property. The manner in which property is owned (i.e. tenancy by the entirety, survivorship rights, and et cetera) determines the property rights as well as the owner's rights to dispose of the property. In Wyoming, the term "conveyance" means every instrument in writing by which an estate or an interest in an estate is created, alienated, mortgaged, or assigned. A conveyance instrument also includes those by which the title to any real estate is affected in law or equity, except for those as listed in 34-1-102 of the Wyoming Revised Statutes. When real estate is conveyed in writing as required by Wyoming statutes, the conveyance will pass all the estate of the grantor, unless the intent to pass a lesser estate appears in the deed or is implied by the terms of the grant ( 34-2-101).

In order to have a real estate deed recorded in Wyoming, the instrument must be signed and acknowledged by the grantor or grantors before a notarial officer. The person taking the acknowledgments must comply with the requirements listed in the Wyoming Statutes, 34-26-107. Witnesses are not required to entitle real estate deeds to be recorded in Wyoming. A certificate of the acknowledgment or proof of the execution will entitle a real estate deed to be recorded in the office of the county clerk in the county where the land is located. However, according to 34-11-101 of the Wyoming Revised Statutes, an affidavit stating facts related to matters that may affect real estate title can be recorded in the proper county along with the instrument. A certificate of acknowledgment is not required on an affidavit containing a jurat. A jurat is a Latin noun meaning that something has "been sworn," and is the portion of the affidavit where a person swears that his or her written facts are true. This section on the affidavit is filled in by a notary public. Although it seems similar to an acknowledgement, they are not the same thing. In an acknowledgment on a real property document, the signer has sworn to a notary public that he or she executed the document, and then the notary signs and seals the document to that effect.

When presenting a real estate deed to be recorded in Wyoming, it should contain the grantee's name and mailing address. Both the grantor and grantee need to be identified by name in the instrument. Original documents with original signatures or certified or authenticated copies should be presented for recording. Instruments must also contain a statement of consideration, which is to be made under oath by the grantee to the deed (W. S. 34-1-142). If an exemption applies that negates the submission of a statement of consideration, the applicable exemption number can be listed on the document. If a non-exempt instrument evidencing a transfer of real property is submitted to the county clerk without the statement of consideration, it will not be accepted for recording. However, as far as concerns the parties to the instrument, the validity or effectiveness of an instrument is not affected by the failure to comply with the statement of consideration requirements.

Recording Acts

Every real estate deed in the state of Wyoming, when not recorded as required by law, is void as to subsequent purchasers of the same real estate, or any portion of it, who have purchased in good faith and for a valuable consideration and whose conveyance is first recorded (W. S. 34-1-120). When an instrument is recorded according to the provisions of Wyoming laws, it serves as notice to and will take precedence over any later purchaser from the time an instrument is delivered to the county clerk in the appropriate county for recording.