Wyoming Easement Deed

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An easement is the legal right to use another person's property for a specific purpose and is also a non-possessory interest in real property that can be created by a deed in writing. An easement deed is the instrument that creates the rights contained in an easement. Easements in Wyoming that do not specifically describe the location of the easement are null and void and of no force and effect, except as may be provided by law. However, an easement that does not describe the location will be valid for a period of one year from the date of execution of the easement. If the specific description is not recorded within one year, then the easement will be of no further force and effect (34-1-141a, c). Easements can also be created for the purpose of wind energy rights in Wyoming. Wind energy rights are regarded as an interest in real property and are appurtenant to the surface estate (34-27-103).

The easement deed should be acknowledged by the party executing the deed, before any notarial officer. Further, a certificate of the acknowledgment of any deed will entitle such deed to be recorded in the office of the county clerk in the county where the property is located (34-1-113). A deed acknowledged out of state will be valid in Wyoming if the notarial act has been performed by a notary public, a judge, clerk, or deputy clerk of a court of that jurisdiction, or by any other person authorized by that jurisdiction to perform notarial acts (34-26-104). A deed can be acknowledged in Wyoming before a notary public or by any of the other officers listed in 34-26-103 of the Wyoming Statutes.

Once an easement deed is recorded in the proper county, it will be notice to and will take precedence of any subsequent purchaser from the time of delivery of the instrument at the office of the county clerk for record (34-1-121). An easement deed that has not been recorded will be void as against a subsequent purchaser in good faith and for a valuable consideration of the same real estate or any portion thereof, whose conveyance is first duly recorded (34-1-120). To provide proper constructive notice, an easement deed must be recorded in the office of the county clerk in the county where the property is located.

(Wyoming ED Package includes form, guidelines, and completed example)

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