Wyoming Statutes

Wyo. Stat. § 34-10-104 (2026)

Effect of unbroken chain of title; exceptions.

✓ text as retrieved May 2026 (this copy records no edition or section history)
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(a)   Marketable record title is subject to:

          (i) All interests and defects which are inherent in
the chain of record title. However, a general reference in the
chain, to easements, use restrictions or other interests created
prior to the root of title is not sufficient to preserve them,
unless specific identification is made therein of a recorded
title transaction which creates the easement, use restriction or
other interest;

          (ii) All interests preserved by the filing of proper
notice or by possession by the same owner continuously for a
period of forty (40) years or more, in accordance with W.S.
34-10-106;

          (iii) The rights of any person arising from
prescriptive use or period of adverse possession or user which
was in whole or in part subsequent to the effective date of the
root of title;

          (iv) Any interest arising out of a title transaction
which has been recorded subsequent to the effective date of the
root of title from which the unbroken chain of title of record
is started. However, the recording does not revive or give
validity to any interest which has been extinguished prior to
the time of the recording by the operation of W.S. 34-10-105;
          (v) The exceptions stated in W.S. 34-10-108(a) as to
rights of reversioners in leases, as to apparent easements and
interests in the nature of easements, as to water rights, as to
mineral interests and as to interests of the state of Wyoming
and of the United States.
Notes of Decisions
Cited in 4 cases, 1982–2013 · leading case: Esterholdt v. PacifiCorp, 2013 WY 64, 301 P.3d 1086.
Esterholdt v. PacifiCorp, 2013 WY 64, 301 P.3d 1086. · cites it 13× “Wyo. Stat. Ann. § 34-10-104 . Finally, the provisions of Wyo.”
Erick W. Esterholdt v. Pacificorp, 2013 WY 64. · cites it 12× “Wyo. Stat. Ann. § 34-10-104 . Finally, the provisions of Wyo.”
Mobbs v. City of Lehigh, 655 P.2d 547 (Okla. 1982). “[19] See Wyo. Stat. § 34-10-104(a)(i-v). Although "governmental" interests are included within those which are subject to extinguishment by the Act, excepted from coverage is any interest of the United States.”
Erick W. Esterholdt v. Pacificorp, 2013 WY 64. · cites it 12× “Wyo. Stat. Ann. § 34-10-104 . Finally, the provisions of Wyo.”
Wyo. Stat. § 34-10-104(a): 1 case
Mobbs v. City of Lehigh, 655 P.2d 547 (Okla. 1982). “[19] See Wyo. Stat. § 34-10-104(a)(i-v). Although "governmental" interests are included within those which are subject to extinguishment by the Act, excepted from coverage is any interest of the United States.”
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