The Pronghorn Press - First Edition

Page 1

2016 | EDITION 1

The

Pronghorn Press ~ A WYOMING AGENCY NEWSLETTER ~

INSURING ACCESS IN W YOMING By: Bill Boyles, State Underwriter-Wyoming

Once upon a time in Wyoming a cowboy was looking to buy a parcel of Wyoming heaven. Imagine his surprise when his favorite title company informed him there was no legally established “right of access to and from the land.” The cowboy was sure the title company folks were crazy! Everyone knew there was a nice road to the ranch and it had been there forever. But, being a wise old cowboy, he decided to ask the seller about the road. The seller told him there was “an easement.” The seller and the cowboy decided they would inspect the easement, so they jumped in the pickup and drove to a gate where a nicely maintained road began. The road ran for several miles right to the little piece of Wyoming heaven. The seller said, “Now this here easement means that you can ease on through the neighbor’s pastures, ease on down his road, ease on through his gates and you can ease on into the ranch.”

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In This Issue

1-2

Insuring Access In Wyoming

3

FIRPTA Foreign Investment In Real Property Tax Act

4

Wyoming Agency Team Contact List

4

First American Title Pass-Thru Marketing

Have you ever had a customer tell you a story like this? People believe that the existence of a road indicates the existence of a legally established right of access. This is simply not true. In Wyoming, there may be thousands of miles of roads which are not legally established; insuring access should be approached with caution. The majority of title insurance claims in Wyoming have an access issue associated with them. Access falls into two categories, public and private. Each type has its own characteristics, and a thorough understanding of the nuances is required. The subject of access is complicated and the purpose of this article is to touch on some of the basics. Public rights of access fall into several categories. County roads are the first and provide the least restrictive rights of access. Except for safety reasons imposed by the county, no one can restrict the right of passage over a county road. Establishment of county roads is dependent on the county properly following statutory procedures. The information contained in this document was prepared by First American Title Insurance Company (“FATICO”) for informational purposes only and does not constitute legal advice. FATICO is not a law firm and this information is not intended to be legal advice. Readers should not act upon this without seeking advice from professional advisers. First American Title Insurance Company makes no express or implied warranty respecting the information presented and assumes no responsibility for errors or omissions. First American, the eagle logo, First American Title, and firstam.com are registered trademarks or trademarks of First American Financial Corporation and/or its affiliates. AMD: 03/2016

©2016 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE: FAF


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