DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Title in a Minute with Shawn Tidwell

State Library

Wyoming

Mechanics' liens, recording formalities, future advances, subdivision rules, title premiums and recording taxes in Wyoming, in plain English with statute cites. Last researched Oct 2026.

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Title in a Minute · www.titleinaminute.com/library/states/wyoming · Printed reference copy.

DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Key quirkOff-site design work doesn't count as commencement for priority; on-site work does.

Wyoming at a Glance

Topic Wyoming answer Where it comes from
Lien filing Contractor: 150 days; sub or supplier: 120 days (from last work or substantial completion) W.S. § 29-2-106
Preliminary notice Contractor: before receiving any payment (including advances); subs and suppliers: within 30 days after first furnishing. No timely notice, no lien W.S. § 29-2-112
Enforcement Foreclose within 180 days after filing W.S. § 29-2-109
Priority A mortgage perfected before commencement of on-site work wins; off-site design work doesn't count W.S. § 29-1-402; Michael's Construction, Inc. v. American National Bank, 2012 WY 76
Deed transfer tax None; a confidential statement of consideration is filed W.S. § 34-1-142
Mortgage/indebtedness tax None (no state statute)
Future advances No Wyoming statute found on future-advance priority for real estate mortgages; the 2026 Uniform Mortgage Modification Act leaves that law unchanged W.S. § 34-30-103(b)(vi)
Recording act Race-notice W.S. § 34-1-120
Remote notarization Yes (remote online and remote ink notarization) W.S. § 32-3-111(j)-(o)
Title premium regulation Rate schedules filed; deemed approved unless acted on within 30 days (the Commissioner may extend review 30 more days) W.S. §§ 26-23-326, 26-23-335

1. Mechanic's Lien Rules

Plain English

A Wyoming contractor files its lien statement within 150 days, and a sub or supplier within 120 days, measured from the earlier of its last work or substantial completion. Everyone must first give the owner a preliminary notice of lien rights, or they lose the lien: the contractor before it receives any payment (including advances), and subs and suppliers within 30 days after first furnishing (with a copy to the contractor). The lien must be foreclosed within 180 days after filing. A mortgage perfected before construction commenced has priority; commencement means actual, visible on-site work, not off-site design services (Michael's Construction, Inc. v. American National Bank, 2012 WY 76).

Key Rules

Filing (W.S. § 29-2-106). 150 days (contractor) or 120 days (everyone else) after the earlier of the last work or substantial completion. An owner may record a notice of substantial completion, which presumptively starts the clock (§ 29-2-106(c)). Parties may agree in a signed, acknowledged, recorded agreement to extend the time, up to twice the normal period (§ 29-2-106(e)).

Preliminary notice (W.S. § 29-2-112). Contractor: before receiving any payment from the owner, including advances. Subs and suppliers: within 30 days after first furnishing. Failure to send the notice on time bars the lien.

Enforcement (W.S. § 29-2-109). Foreclosure action within 180 days after the lien statement is filed; otherwise the lien ends.

Priority (W.S. § 29-1-402(c)). A mortgage perfected before construction work commences has priority; commencement means visible on-site work (Michael's Construction, 2012 WY 76).

Practice Points

  1. Record the construction mortgage before any on-site work.
  2. Inspect the site at closing.
  3. Clear stale liens after 180 days with no suit.

Citations

2. Execution and Notarization Requirements for Recording

Plain English

Wyoming deeds are acknowledged and recorded with the county clerk, with a statement of consideration. Wyoming has no real estate transfer tax. The recording act is race-notice: an unrecorded conveyance is void against a later good-faith purchaser for value whose conveyance is recorded first. Wyoming allows remote online notarization and remote ink notarization (acknowledgments only). In Lewis v. Wolfe, 2026 WY 63, the Wyoming Supreme Court held that a 2012 quiet title judgment whose caption named the owners as "husband and wife" created a tenancy by the entirety, so the surviving spouse took the whole property.

Key Rules

  • Recording act (W.S. § 34-1-120). Unrecorded conveyance void against a later good-faith purchaser for value whose conveyance is first recorded.
  • Remote notarization (W.S. § 32-3-111(j)-(o)). Remote online notarization for any notarial act in a single recorded session; remote ink notarization for acknowledgments only.
  • No transfer tax. Wyoming has no real estate transfer tax statute; a sworn statement of consideration is filed instead (W.S. § 34-1-142).
  • Tenancy by the entirety (W.S. § 34-1-140(b); Lewis v. Wolfe, 2026 WY 63). Unless the instrument says otherwise, naming the grantees as "husband and wife" or "spouses" creates a tenancy by the entirety. A quiet title judgment is a conveyance, and its caption counts.

Practice Points

  1. Don't collect a transfer tax.
  2. Read judgment captions for how title is held.
  3. Check remote notarization compliance.

Citations

3. Securing Future Advances

Plain English

We found no Wyoming statute on future-advance priority for real estate mortgages. Separately, Wyoming adopted the Uniform Mortgage Modification Act, effective July 1, 2026: common loan modifications (maturity extensions, rate decreases, capitalized interest, covenant changes, and similar) keep the mortgage's priority even if the modification isn't recorded.

Key Rules

  • Future advances. No specific statute found. The Uniform Mortgage Modification Act does not change future-advance priority law, except for modifying an existing condition to advance funds (W.S. § 34-30-103(b)(vi), 34-30-104(b)(viii)).
  • Mortgage modifications (W.S. §§ 34-30-101 to -107, eff. July 1, 2026). Listed modifications don't affect priority, need not be recorded, and are not a novation. Releases or additions of property or obligors and assignments are outside the act (§ 34-30-103(c)).

Practice Points

  1. State a maximum in credit-line mortgages.
  2. Check for intervening liens before insuring later advances.
  3. HELOC payoffs: get a release.

Citations

4. Subdivision Statutes and Regulations

Plain English

Wyoming counties regulate subdivisions under the county subdivision statutes (W.S. § 18-5-301 et seq.). No one may sell subdivided land, record a plat, or start building a subdivision without a county subdivision permit. Many divisions are exempt, including parcels of 35 acres or larger (with 40-foot access and utility easements unless waived), certain family gifts or sales, boundary adjustments, and lands inside cities and towns, which are platted under city rules.

Key Rules

  • Permit required (W.S. § 18-5-304). No sale, plat recording, or construction without a county subdivision permit.
  • Definition (W.S. § 18-5-302(a)(vii)). Creating or dividing a lot, tract, or parcel for sale or development. A contract to sell expressly contingent on plat recording, with funds escrowed in Wyoming, is not a "sale" (§ 18-5-302(a)(v)).
  • Exemptions (W.S. § 18-5-303). Includes 35+ acre parcels (§ 18-5-303(b)), immediate-family divisions, divisions created by mortgages or easements, boundary line adjustments, and lands within incorporated cities or towns.

Practice Points

  1. New parcel? Confirm county approval or an exemption.
  2. Check legal access.
  3. Check water and sewer approvals.

Citations

5. Title Premium Rates

Plain English

Wyoming title insurers file complete premium rate schedules with the Commissioner. A filing not approved or disapproved within 30 days is deemed approved (the Commissioner may extend review another 30 days). Agents don't file separately, and insurers and agents must publish their current premiums and charges.

Key Rules

  • Premium schedules (W.S. § 26-23-326). Filed with the Commissioner; deemed approved after 30 days without action; no premium may be charged except under the filed and approved schedule.
  • Publication (W.S. § 26-23-327). Insurers and agents make dated schedules available to the public and keep them 5 years.
  • Filing (W.S. § 26-23-335). One complete schedule per insurer, with the entire premium for each policy type (risk and search/exam portions not stated separately); no separate agent filing.

Practice Points

  1. Quote from the insurer's filed Wyoming schedule.
  2. Use the published charges.
  3. No unfiled charges.

Citations

6. Recording Taxes & Fees on Deeds and Mortgages

Plain English

Wyoming has no transfer tax and no mortgage tax, and is a nondisclosure state. A confidential statement of consideration is filed with the deed.

Key Rules

(a) Deed transfer, conveyance or excise tax

  • None.
  • Statement of consideration (W.S. § 34-1-142), kept confidential.

(b) Mortgage, indebtedness or intangible tax

  • None. Wyoming has no mortgage, indebtedness or intangible tax on recording a mortgage or deed of trust, so future advances, credit lines, refinances and modifications carry no state recording tax (only recording fees).

(c) Other recording taxes and fees

  • County clerk recording fees (W.S. § 18-3-402(a)(xvi)). $12 for the first page and $3 for each additional page; plats $75; small add-on charges for extra names and descriptions.

Practice Points

  1. Collect recording fees only.

Citations

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