Key Takeaways

  • Wyoming recognizes various forms of property ownership including fee simple, joint tenancy, and tenancy in common
  • Wyoming is a "race-notice" state for recording priorities—first to record without notice of prior claims wins
  • Wyoming does not have a state transfer tax on real estate sales
  • Water rights in Wyoming follow the "prior appropriation" doctrine—first in time, first in right
  • Mineral rights can be severed from surface rights and are particularly important in Wyoming
Last updated: January 2026

Wyoming Property Law Basics

Wyoming has specific property laws that differ from other states. Understanding these concepts is essential for the state exam.

Types of Property Ownership

Fee Simple Absolute

The highest form of ownership with unlimited duration and full rights:

  • Right to possess
  • Right to use
  • Right to transfer
  • Right to exclude others

Concurrent Ownership

TypeKey Features
Joint TenancyRight of survivorship, equal shares, four unities required
Tenancy in CommonNo right of survivorship, unequal shares possible
Tenancy by the EntiretyNot recognized in Wyoming
Community PropertyNot recognized in Wyoming

Key Point: Wyoming does NOT recognize community property or tenancy by the entirety.

Recording System

Wyoming uses a "race-notice" recording system:

How Race-Notice Works

PriorityGiven To
First to recordIf without notice of prior claims
Good faith purchaserFor value, without knowledge of prior claims

Recording Requirements

RequirementDetails
Must be in writingAs required by Statute of Frauds
Must be acknowledgedNotarized
Must be recordedIn county where property is located

Exam Tip: A subsequent purchaser who records first WITHOUT notice of a prior unrecorded deed has priority over the prior unrecorded purchaser.

Transfer Tax

Wyoming does not have a state transfer tax on real estate sales:

FeatureWyoming
State transfer taxNone
Documentary stampsNone required
Recording feesCounty-based fees apply

Water Rights

Wyoming follows the prior appropriation doctrine for water rights:

Prior Appropriation ("First in Time, First in Right")

PrincipleDescription
First in timeFirst person to put water to beneficial use has priority
Beneficial useWater must be used for a recognized beneficial purpose
Permits requiredState permits required for water appropriation
Can be severedWater rights can be sold separately from land

Key Water Rights Concepts

ConceptDescription
Senior rightsOlder water rights have priority during shortages
Junior rightsNewer water rights may be cut off during shortages
Beneficial useAgriculture, domestic, municipal, industrial
AdjudicationCourt process to determine water rights

Important: Wyoming is NOT a riparian rights state. Simply owning land next to water does not give automatic water rights.

Mineral Rights

Wyoming has significant mineral rights issues due to oil, gas, and coal resources:

Severed Mineral Rights

FeatureDescription
Can be severedMineral rights can be separated from surface rights
Surface vs. mineralsDifferent owners possible
Access rightsMineral owner typically has right to access surface
Common mineralsOil, gas, coal, uranium, trona

Disclosure Requirements

RequirementDetails
Buyer should investigateTitle search for mineral reservations
Common reservationsPrevious owners may have reserved minerals
Federal mineralsGovernment may own minerals under private land

Warning: In Wyoming, always investigate mineral rights status. The seller may not own the minerals.

Homestead Exemption

Wyoming provides a homestead exemption to protect a portion of home equity from creditors:

FeatureWyoming
Maximum exemption$40,000 ($80,000 for married couples)
Applies toPrincipal residence
Protection fromUnsecured creditors
Does NOT protect fromMortgages, property taxes
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Wyoming Property Rights Overview
Test Your Knowledge

Which recording system does Wyoming use?

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Test Your Knowledge

Which water rights doctrine does Wyoming follow?

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Test Your Knowledge

Which form of concurrent ownership is NOT recognized in Wyoming?

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Test Your Knowledge

What is Wyoming's state transfer tax on real estate sales?

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