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Wyoming Statutes Title 34. Property, Conveyances and Security Transactions § 34-1-154. Removal of restrictive covenants in violation of law

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Any person who holds an ownership interest of record in real property in this state, or any attorney, title insurance company or title insurance agent authorized to do business in this state and acting on behalf of a person with an ownership interest in real property in this state, may record a new instrument to remove any restrictive covenant contained in any conveyance encumbering or otherwise affecting the transfer or sale of, or any interest in, real property that:

(i) Is held to be void and unenforceable by a final determination of the supreme court of Wyoming or the supreme court of the United States of America; or

(ii) Is in violation of the acts prohibited by W.S. 40-26-103 through 40-26-109.

(b) Except as provided in W.S. 34-1-156, any person who, in good faith, delivers or records any instrument pursuant to subsection (a) of this section shall be immune from civil liability. The immunity provided in this subsection shall not be available to any person who:

(i) Represents or attempts to represent that the restrictive covenants pertaining to paragraphs (a)(i) or (ii) of this section, which are void and unenforceable or prohibited by law, are valid and enforceable; or

(ii) Honors or exercises or attempts to honor or exercise restrictive covenants pertaining to paragraphs (a)(i) or (ii) of this section, which are void and unenforceable or prohibited by law.

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Cite this article: FindLaw.com - Wyoming Statutes Title 34. Property, Conveyances and Security Transactions § 34-1-154. Removal of restrictive covenants in violation of law - last updated January 01, 2024 | https://codes.findlaw.com/wy/title-34-property-conveyances-and-security-transactions/wy-st-sect-34-1-154/

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