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Wyoming Removal of Discriminatory Restrictive Covenants in Deeds

34-1-154 ​.  Removal of restrictive covenants in violation of law.

 

(a)  Any person who holds an ownership interest of rec​ord 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.

 

34-1-155.  Process for removing restrictive covenants in violation of law.

 

(a)  In accordance with W.S. 34-1-154 , a new instrument removing a restrictive covenant that is in violation of law may be recorded by filing the new instrument with the county clerk for the county in which the real property is located.

 

(b)  A new instrument filed and recorded under this section shall contain all of the following:

 

(i)  The title of the filed and recorded prior instrument to which the new instrument pertains;

 

(ii)  The name and mailing address of the person filing and recording the new instrument;

 

(iii)  The name and mailing address of any owner of record of the real property on whose behalf the new instrument is being filed;

 

(iv)  The legal description of the real property subject to the provisions in violation of law as specified in W.S. 34-1-154 (a);

 

(v)  A clear reference to the provisions in the prior instrument that are in violation of law as specified in W.S. 34-1-154 (a) and have been stricken from the new instrument.

 

(c)  Upon receiving a new instrument that complies with the requirements of subsection (b) of this section, the county clerk for the county in which the real property is located shall file and record the new instrument.​