Carlos is selling a rural property in Fremont County, Wyoming that includes a water well and an irrigation water right adjudicated by the Wyoming State Engineer's Office. His listing broker, Sandra, advises him to complete the Wyoming seller's disclosure statement. Regarding the water well and water rights, which of the following statements correctly describes Carlos's disclosure obligations under Wyoming law?
Correct Answer
B) Carlos must disclose both the condition of the water well and the status of the water right, because water rights are a separate property interest that does not automatically transfer with the land
Under W.S. 34-1-401 et seq., the Wyoming seller's disclosure statement specifically requires disclosure of both well conditions and water rights. Critically, Wyoming follows the prior appropriation doctrine (W.S. 41-3-101 et seq.), under which water rights are a separate property interest that does NOT automatically transfer with the land. Carlos must disclose the status of the adjudicated water right so the buyer can conduct proper due diligence with the Wyoming State Engineer's Office and ensure the water right is specifically conveyed in the transaction.
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Related Topics & Key Terms
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Related Concepts
A seller's disclosure statement is a form that sellers complete to inform buyers about the condition and history of the property, including known defects, past repairs, insurance claims, and environmental issues.
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