HB0160 • 2015

Special warranty deeds.

AN ACT relating to property, conveyances and security transactions; providing for special warranty deeds; providing for the effect of a special warranty deed; and providing for an effective date.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Representative Brown
Last action: 2015-03-04
Official status: enrolled
Effective date: 7/1/2015

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Bill History

2015-03-04 LSO
Assigned Chapter Number
2015-03-04 Governor
Governor Signed HEA No. 0068
2015-02-27 Senate
S President Signed HEA No. 0068
2015-02-27 House
H Speaker Signed HEA No. 0068
2015-02-27 LSO
Assigned Number HEA No. 0068
2015-02-26 Senate
S 3rd Reading:Passed 29-0-1-0-0
2015-02-25 Senate
S 2nd Reading:Passed
2015-02-24 Senate
S COW:Passed
2015-02-20 Senate
S Placed on General File
2015-02-20 Senate
Judiciary:Recommend Do Pass 4-0-1-0-0
2015-02-10 Senate
S Introduced and Referred to S01 - Judiciary
2015-02-03 Senate
S Received for Introduction
2015-02-03 House
H 3rd Reading:Passed 60-0-0-0-0
2015-02-02 House
H 2nd Reading:Passed
2015-01-30 House
H COW:Passed
2015-01-29 House
H Placed on General File
2015-01-29 House
Judiciary:Recommend Do Pass 9-0-0-0-0
2015-01-23 House
H Introduced and Referred to H01 - Judiciary
2015-01-23 House
H Received for Introduction
2015-01-20 LSO
Bill Number Assigned

Official Summary Text

Summary for LSO115
Bill No.:
HB0160
Effective
:
7/1/2015

LSO No.:
15LSO-0154

Enrolled Act No.:
HEA 68

Chapter No.:
106

Prime Sponsor:
Brown

Catch Title:
Special warranty deeds.

Subject:

Creation of special warranty deed and its legal effect

Summary/Major Elements:

This bill creates a new type of deed called a special warranty deed.

Prior to this bill, there were only warranty deeds and quit
claim deeds in Wyoming statute.
The bill provides a form for a special warranty deed that is similar to warranty deeds and quitclaim deeds already in statute.
The legal effect of a special warranty deed is to convey real property to the grantee with a limited covenant that:
The granted property is free from all encumb
rances made by that grantor; and
The grantor will forever warrant and defend the title of the prope
rty in the grantee, the grantee’
s heirs and assigns against any lawful claim and demand of the grantor and any person claiming or to claim by, through, or under the grantor, but against none other
.
The major difference between a special warranty deed and a general warranty deed is the scope of the assurances the grantor gives
to the grantee and the grantee’
s successors regarding the title being conveyed.

A special warranty deed only warrants against encumbrances made by the grantor.

Generally, the legal effect
of
a quitclaim is a conveyance and release
to the grantee, his heirs and assigns,
of
all the then existing legal or equitable rights of the grantor in the premises
.

W.S.
34-2-105.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text

ORIGINAL

House
Bill No.
HB0160

ENROLLED ACT NO. 68,

HOUSE OF REPRESENTATIVES

SIXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING
2015 General Session

AN ACT relating to property, conveyances and security transactions; providing for special warranty deeds; providing for the effect of a special warranty deed; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 34
‑
2
‑
136 and 34
‑
2
‑
137
are
created to read:

34
‑
2
‑
136
.

Form of special warranty deed.

Conveyances of land may be substantially in the following form:

Special Warranty Deed

A. B., grantor, (here insert name or names and place of residence), for and in consideration of (here insert consideration) in hand paid,
conveys and
specially
warrants against all who claim by, through, or under the grantor
, but against none other,

to C. D., grantee, (here insert grantee's name or names and place of residence) the following described real estate (here insert description) situate in the county of
....
, state of Wyoming.

Dated this .... day of .... A.D. .....

.
............................
A.
B.

34
‑
2
‑
137
.

Form of special warranty deed; effect.

(a)

Every deed in substance
in the form pr
e
scribed in W.S. 34
‑
2
‑
136,
when
otherwise duly executed, s
hall have the effect of:

(i)

A
conveyance in fee simple to the grantee, the grantee's heirs, and assigns, of the property named in the special warranty deed, together with all the appurtenances, rights and privileges belonging to the property; and

(ii)

A
covenant from the grantor that:

(A)

T
he granted property is free from all encumbrances made by that grantor; and

(B)

T
he grantor will forever warrant and defend the title of the property in the grantee, the grantee's heirs and assigns against any lawful claim and demand of the grantor and any person claiming or to claim by, through, or under the grantor
,
but against none other
.

(b)

Any excepti
ons to a covenant described in
paragraph
(
a
)(
ii
)
of this section,
may be inserted in the deed following the description of the land.

Section
2
.

This
act is effective July 1,
2015
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE
APPROVED: _________

I hereby certify that this act originated in the
House
.

Chief Clerk