Esterholdt v. Pacificorp - 2013 WY 64, 301 P.3d 1086

Rule:

A wild deed may constitute the "root of title" under Wyo. Stat. Ann. § 34-10-101(a)(v), and a wild deed serving as a root of title that does not bear a defect on its face is not an inherent defect in the chain of record title under Wyo. Stat. Ann. § 34-10-104(a)(i).

Facts:

A pole line easement across plaintiffs' property was granted to the defendant power company's predecessor in interest and recorded. Because the grantor signed the easement in his capacity as president of a company that had no ownership interest in the property, the easement was a "wild deed." Plaintiffs filed an action against the defendant to have the utility easement declared invalid because it emanated from a wild deed. Via a partial summary judgment, the District Court of Lincoln County, Wyoming, held that the Wyoming Marketable Title Act, Wyo. Stat. Ann. §§ 34-10-101 et seq. (LexisNexis 2011), validated the pole line and utility easement. Plaintiffs appealed.

Issue:

1. Can a wild deed be the root of title under the Wyoming Marketable Title Act? 
2. Was a “wild deed” an inherent defect in the chain of title? 

Answer:

1) Yes. 2) No.

Conclusion:

The court affirmed the judgment of the district court, holding that a wild deed could constitute the "root of title" under Wyo. Stat. Ann. § 34-10-101(a)(v). In addition, the court held that a wild deed serving as a root of title that did not bear a defect on its face was not an inherent defect in the chain of record title under Wyo. Stat. Ann. § 34-10-104(a)(i).