Wyoming Prohibits Private Transfer Fees

On March 15, Wyoming enacted House Bill 0025, which ends the use of private transfer fee obligations for a specified period. Pursuant to the law, new private transfer fee obligations—which require the payment of a fee upon the subsequent transfer of a real property—entered into between April 1, 2012 and July 1, 2014 are not enforceable against subsequent owners, purchasers, or mortgagees. To enforce a private transfer fee obligation created prior to April 1, 2012, the payee must record a notice in the county clerk’s office where the property is located. However, the law contains no prohibition of enforcement of private transfer fees absent the required recording.  This law became effective March 15, 2012.