Hollabaugh v. Kolbet
In Hollabaugh v. Kolbet, 604 P.2d 1359 (Wyo. 1980), the purchasers had entered into a contract for the sale of the property, and thereafter, the sellers attempted to grant an easement over the property to a third party.
The court held that "The only person who may grant a permanent easement is the owner of the land in fee simple, or a person with a power of disposal of the fee." Id. at 1363.
The court stated that once a seller enters into a contract to convey property, it does not have the authority to grant an easement upon the land. Id.
Once the contract for the sale of land is entered, prior to conveyance of the legal title at closing, "the vendee is treated as the beneficial owner of the land, and the vendor as owner of the purchase money, and the vendor becomes, as to the land, a trustee for the vendee . . . ." Id.