Wyoming Statutes
Wyo. Stat. § 34-10-101 (2026)
Definitions.
✓ text as retrieved May 2026 (this copy records no edition or section history)
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(a) As used in this act:
(i) "Marketable record title" means a title of
record, as indicated in W.S. 34-10-103 which operates to
extinguish such interests and claims, existing prior to the
effective date of the root of title, as are stated in W.S.
34-10-105;
(ii) "Records" includes probate and other official
public records, as well as records in the office of the county
clerk;
(iii) "Recording", when applied to the official
records of a probate or other court, includes filing;
(iv) "Person dealing with land" includes a purchaser
of any estate or interest therein, a mortgagee, a levying or
attaching creditor, a land contract vendee, or any other person
seeking to acquire an estate or interest therein, or impose a
lien thereon;
(v) "Root of title" means that conveyance or other
title transaction in the chain of title of a person, purporting
to create the interest claimed by the person, upon which he
relies as a basis for the marketability of his title, and which
was the most recent to be recorded as of a date forty (40) years
prior to the time when marketability is being determined. The
effective date of the "root of title" is the date on which it is
recorded;
(vi) "Title transaction" means any transaction
affecting title to any interest in land, including title by will
or descent, title by tax deed, or by trustee's, referee's,
guardian's, executor's, administrator's, master in chancery's,
or sheriff's deed, or decree of any court, as well as warranty
deed, quitclaim deed, deed of trust or mortgage;
(vii) "This act" means W.S. 34-10-101 through
34-10-109.Notes of Decisions
Cited in 3
cases, 2013–2013 · leading case: Erick W. Esterholdt v. Pacificorp, 2013 WY 64.
Erick W. Esterholdt v. Pacificorp, 2013 WY 64. “[¶2] Via a partial summary judgment, the district court held that the Wyoming Marketable Title Act (the Act), Wyo. Stat. Ann. §§ 34-10-101 et seq. (LexisNexis 2011), validated PacifiCorp’s pole line and utility easement across the Esterholdts’ property.”
Esterholdt v. PacifiCorp, 2013 WY 64, 301 P.3d 1086. “[12] Via a partial summary judgment, the district court held that the Wyoming Marketable Title Act (the Act), Wyo. Stat. Ann. § 34-10-101 et seq. (LexisNexis 2011), validated PacifiCorp's pole line and utility easement across the Esterholdts' property.”
Erick W. Esterholdt v. Pacificorp, 2013 WY 64. “[¶2] Via a partial summary judgment, the district court held that the Wyoming Marketable Title Act (the Act), Wyo. Stat. Ann. §§ 34-10-101 et seq. (LexisNexis 2011), validated PacifiCorp’s pole line and utility easement across the Esterholdts’ property.”
Wyo. Stat. § 34-10-101(a)(v): 1 case
Esterholdt v. PacifiCorp, 2013 WY 64, 301 P.3d 1086. “[12] Via a partial summary judgment, the district court held that the Wyoming Marketable Title Act (the Act), Wyo. Stat. Ann. § 34-10-101 et seq. (LexisNexis 2011), validated PacifiCorp's pole line and utility easement across the Esterholdts' property.”
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