Wyoming · TitleWyoming private transfer fees: unenforceable since April 1, 2012, and older ones need a recorded notice

Wyoming defines a private transfer fee as a fee or charge payable on the transfer of an interest in real property, or for the right to make or accept the transfer, fixed or based on value or price, with listed exclusions such as the purchase price and certain mineral estate consideration (W.S. 34-28-101(a)(ii)). A private transfer fee obligation recorded or entered into in Wyoming on or after April 1, 2012 doesn't run with the title and isn't binding on or enforceable against any later owner, purchaser or mortgagee (34-28-102). For obligations imposed before that date, the payee must record a notice in each county where the property lies disclosing the existence and amount of the obligation, its nature, any penalty for nonpayment, the legal description and the payee's name and address (34-28-103(a)); no Wyoming court may enforce an unrecorded obligation against a bona fide purchaser who takes title after April 1, 2012 (34-28-103(b)). A grantor's recorded affidavit stating that payment in full was sent by certified mail to the payee's recorded address is prima facie evidence of satisfaction (34-28-103(c)). The chapter doesn't apply to transfers of mineral rights or appurtenant surface rights (34-28-103(d)).