Mont. Code Ann. § 70-21-207 — MT Code / Title 70 / Chapter 21 / Part 2 / Section 70-21-207
70-21-207 Letters patent and other federal and state documents -- recording without acknowledgment
Status: in_force

70-21-207 . Letters patent and other federal and state documents -- recording without acknowledgment. Letters patent from the United States or from the state of Montana or other documents and instruments or duly certified copies thereof issued by or pursuant to the authority of the United States or the state of Montana which evidence title to land or affect the title thereof, executed and authenticated pursuant to existing law, may be recorded without acknowledgment or further proof; and where letters patent have been lost or are beyond the control of any party deraigning title therefrom or for any reason they remain unrecorded, any person claiming title thereunder may cause a transcript of the copy of such letters patent kept by the government issuing the same, duly certified by the officer or individual having lawful custody of such copy, to be recorded in lieu of the original; and such recorded copy shall have prima facie the same force and effect as the original for title or for evidence until the original letters patent be recorded.
Mont. Code Ann. § 70-20-315 — MT Code / Title 70 / Chapter 20 / Part 3 / Section 70-20-315
70-20-315 Validation of unacknowledged deeds
Status: in_force

70-20-315 . Validation of unacknowledged deeds. All deeds to real property executed prior to January 1, 1983, in this state or any state or territory of the United States, provided no action is pending on October 1, 1983, to set aside any such deed, which shall have been signed by the grantors in due form, shall be sufficient in law to convey the legal title to the premises therein described from the grantors to the grantees, without any other execution or acknowledgment or witnesses thereto whatever; and such deeds so executed shall be received in evidence in all courts in this state and be conclusive evidence of the title to the lands therein described against the grantors, their heirs, and assigns.
Mont. Code Ann. § 70-1-515 — MT Code / Title 70 / Chapter 1 / Part 5 / Section 70-1-515
70-1-515 Recitals -- when resorted to
Status: in_force

70-1-515 . Recitals -- when resorted to. If the operative words of a grant are doubtful, recourse may be had to its recitals to assist the construction.
Mont. Code Ann. § 70-30-315 — MT Code / Title 70 / Chapter 30 / Part 3 / Section 70-30-315
70-30-315 Proration of taxes
Status: in_force

70-30-315 . Proration of taxes. The condemnor must be assessed the condemnor's pro rata share of taxes for the land being taken as of the date of possession or summons, whichever occurs first. The condemnor must be assessed for all taxes accruing after the date of possession or summons, whichever occurs first.
Mont. Code Ann. § 70-19-421 — MT Code / Title 70 / Chapter 19 / Part 4 / Section 70-19-421
70-19-421 Action to recover royalty interest in land sold for taxes
Status: in_force

70-19-421 . Action to recover royalty interest in land sold for taxes. An action against a county to recover a royalty interest in land acquired by the county by tax deed must be brought within the period prescribed in 27-2-210 .
Mont. Code Ann. § 70-5-103 — MT Code / Title 70 / Chapter 5 / Part 1 / Section 70-5-103
70-5-103 Duty to inform owner when known
Status: in_force

70-5-103 . Duty to inform owner when known. If a person finds money, goods, things in action, or other personal property or saves a domestic animal from drowning or starvation when the property is of a value of $10 or more and the person knows or suspects who the owner is, the person shall use reasonable diligence to inform the owner and make restitution without compensation, further than a reasonable charge for saving and taking care of the property. If the person fails to do so, the person is liable in damages to the owner and does not have a claim to any reward offered by the owner for the recovery of the thing or to any compensation for the person's trouble or expenses.
Mont. Code Ann. § 70-6-403 — MT Code / Title 70 / Chapter 6 / Part 4 / Section 70-6-403
70-6-403 Degree of care required of depositary for hire
Status: in_force

70-6-403 . Degree of care required of depositary for hire. A depositary for hire must use at least ordinary care for the preservation of the thing deposited.
Mont. Code Ann. § 70-20-403 — MT Code / Title 70 / Chapter 20 / Part 4 / Section 70-20-403
70-20-403 Grant by person with power to revoke -- power executed
Status: reserved

70-20-403 . Grant by person with power to revoke -- power executed. (1) When a power to revoke or modify an instrument affecting the title to or enjoyment of an estate in real property is reserved to the grantor or given to any other person, a subsequent grant of or charge upon the estate by the person having the power of revocation in favor of a purchaser or encumbrancer for value operates as a revocation of the original instrument, to the extent of the power, in favor of the purchaser or encumbrancer.

(2) When a person having a power of revocation within the provisions of subsection (1) is not entitled to execute it until after the time at which the person makes the grant or charge as described in that subsection, the power is considered to be executed as soon as the person is entitled to execute it.
Mont. Code Ann. § 70-9-407 — MT Code / Title 70 / Chapter 9 / Part 4 / Section 70-9-407
70-9-407 Fees of officers
Status: in_force

70-9-407 . Fees of officers. The fees of officers under this part are the same as allowed for similar services in other cases provided in this code to be paid by the taker-up or finder and recovered of the owner.
Mont. Code Ann. § 70-15-105 — MT Code / Title 70 / Chapter 15 / Part 1 / Section 70-15-105
70-15-105 Incident or appurtenance defined
Status: in_force

70-15-105 . Incident or appurtenance defined. A thing is deemed to be incidental or appurtenant to land when it is by right used with the land for its benefit, as in the case of a way or watercourse or of a passage for light, air, or heat from or across the land of another.
Mont. Code Ann. § 70-24-114 — MT Code / Title 70 / Chapter 24 / Part 1 / Section 70-24-114
70-24-114 Emotional support animals -- documentation
Status: in_force

70-24-114 . Emotional support animals -- documentation. (1) A tenant with a disability or a disability-related need for an emotional support animal may request and be approved by a landlord to keep an emotional support animal as a reasonable accommodation in housing.

(2) Unless otherwise prohibited by federal law, rule, or regulation, a landlord may:

(a) deny a reasonable accommodation request for an emotional support animal if the animal poses a direct threat to the safety or health of others or poses a direct threat of physical damage to the property that cannot be reduced or eliminated by another reasonable accommodation;

(b) if a tenant's disability-related need for an emotional support animal is not readily apparent, request supporting information that reasonably supports the tenant's need for the particular emotional support animal being requested. Supporting information must include:

(i) information from a health care practitioner who has personal knowledge of the tenant's disability and is acting within the scope of the practitioner's practice that identifies the particular assistance or therapeutic emotional support provided by the specific animal. Information submitted under this subsection (2)(b)(i) must include the effective date, license number, and type of professional license held by the health care practitioner; or

(ii) information from any other source that the landlord determines to be reliable in accordance with the federal Fair Housing Act and Title 49, chapter 2; and

(c) require proof of compliance with state and local licensure and vaccination requirements for each emotional support animal.

(3) If a tenant requests to keep more than one emotional support animal, information for each emotional support animal must be provided pursuant to subsection (2).

(4) A landlord:

(a) may not request information under this section that discloses a diagnosis or severity of a tenant's disability or any medical records relating to the disability, but a tenant may voluntarily disclose such information or medical records to the landlord at the tenant's discretion; and

(b) shall issue a written determination after receiving supplemental information required in subsection (2) and notice the determination pursuant to 70-24-108 .

(5) An emotional support animal registration of any kind, including but not limited to an identification card, patch, certificate, or similar registration obtained electronically or in person, is not, by itself, sufficient information to reliably establish that a tenant has a disability-related need for an emotional support animal.

(6) A tenant with a disability-related need for an emotional support animal is liable for any damage done to the premises or to another person on the premises by the tenant's emotional support animal.

(7) A health care practitioner may be subject to disciplinary action from the health care practitioner's licensing board for a violation of this section.

(8) This section does not apply to a service animal as defined in 49-4-203 .

(9) Nothing in this section may be construed to restrict existing federal law and state law related to a person's right to a reasonable accommodation and equal access to housing, including but not limited to the federal Fair Housing Act, the federal Americans with Disabilities Act of 1990, or Title 49, chapter 2.

(10) As used in this section, the following definitions apply:

(a) "Emotional support animal" means an animal that a health care practitioner has determined provides emotional, cognitive, or other similar support to an individual with a disability and does not need to be trained or certified. The term does not include service animals as defined in 49-4-203 .

(b) "Health care practitioner" means a mental health professional as defined in 53-21-102 who is licensed to practice in this state and who:

(i) has established a client-provider relationship with a tenant at least 30 days prior to providing supporting information requested from a landlord regarding the tenant's need for an emotional support animal;

(ii) completes a clinical evaluation of a tenant regarding the need for an emotional support animal; and

(iii) is acting within the scope of practice of the person's license or certificate.
Mont. Code Ann. § 70-24-104 — MT Code / Title 70 / Chapter 24 / Part 1 / Section 70-24-104
70-24-104 Exclusions from application of chapter
Status: in_force

70-24-104 . Exclusions from application of chapter. Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter:

(1) residence at a public or private institution if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service, including all housing provided by the Montana university system and other postsecondary institutions;

(2) occupancy under a contract of sale of a dwelling unit or the property of which it is a part if the occupant is the purchaser or a person who succeeds to the purchaser's interest;

(3) occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;

(4) transient occupancy in a hotel or motel;

(5) occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative;

(6) occupancy under a rental agreement covering premises used by the occupant primarily for commercial or agricultural purposes;

(7) occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises; and

(8) occupancy outside a municipality under a rental agreement that includes hunting, fishing, or agricultural privileges, along with the use of the dwelling unit.
Mont. Code Ann. § 70-9-816 — MT Code / Title 70 / Chapter 9 / Part 8 / Section 70-9-816
70-9-816 Action to establish claim
Status: in_force

70-9-816 . Action to establish claim. A person aggrieved by a decision of the administrator or whose claim has not been acted upon within 90 days after its filing may maintain an original action to establish the claim in the district court, naming the administrator as a defendant. If the aggrieved person establishes the claim in an action against the administrator, the court may award the claimant reasonable attorney fees.
Mont. Code Ann. § 70-1-402 — MT Code / Title 70 / Chapter 1 / Part 4 / Section 70-1-402
70-1-402 Kinds of conditions
Status: in_force

70-1-402 . Kinds of conditions. Conditions are precedent or subsequent. The former fix the beginning, the latter the ending, of the right.
Mont. Code Ann. § 70-32-209 — MT Code / Title 70 / Chapter 32 / Part 2 / Section 70-32-209
70-32-209 Order dividing land -- execution against remainder over exemption
Status: in_force

70-32-209 . Order dividing land -- execution against remainder over exemption. If from the report it appears to the judge that the land claimed can be divided without material injury, the judge shall by an order direct the appraisers to set off to the claimant as much of the land, including the residence, that will amount in value to the homestead exemption, and the execution may be enforced against the remainder of the land.
Mont. Code Ann. § 70-16-402 — MT Code / Title 70 / Chapter 16 / Part 4 / Section 70-16-402
70-16-402 Action for possession under right of reentry -- notice not required
Status: in_force

70-16-402 . Action for possession under right of reentry -- notice not required. An action for the possession of real property leased or granted with a right of reentry may be maintained at any time in the district court, after the right to reenter has accrued, without the notice prescribed in 70-16-401 .
Mont. Code Ann. § 70-6-207 — MT Code / Title 70 / Chapter 6 / Part 2 / Section 70-6-207
70-6-207 Service rendered by depositary
Status: in_force

70-6-207 . Service rendered by depositary. So far as any service is rendered by a depositary or required from a depositary, the depositary's duties and liabilities are prescribed by the law on employment and service.
Mont. Code Ann. § 70-1-110 — MT Code / Title 70 / Chapter 1 / Part 1 / Section 70-1-110
70-1-110 How property acquired
Status: in_force

70-1-110 . How property acquired. Property is acquired by:

(1) occupancy;

(2) accession;

(3) transfer;

(4) will; or

(5) succession.
Mont. Code Ann. § 70-30-110 — MT Code / Title 70 / Chapter 30 / Part 1 / Section 70-30-110
70-30-110 Survey and location of property to be taken -- greatest public good -- least private injury
Status: in_force

70-30-110 . Survey and location of property to be taken -- greatest public good -- least private injury. (1) In all cases in which land is required for public use, the state or its agents in charge of the public use may survey and locate the land to be used. The use must be located in the manner that will be most compatible with the greatest public good and the least private injury, and the location is subject to the provisions of 70-30-206 . The state or its agents in charge of the public use may, after giving 30 days' written notice to the owners and persons in possession of the land, enter upon the land and make examination, surveys, and maps of the land. The entry does not constitute a cause of action in favor of the owners of the land except from injuries resulting from negligence or intentional acts. Upon written request of the state or its agents, the owner shall provide the names and addresses of all persons who are in possession of the owner's land within 14 days from receipt of the written notice. The state or its agents shall within 14 days from receipt of that information furnish written notice to the listed persons.

(2) Prior to or at the time of rejection of the final written offer as referred to in 70-30-111 (1)(d), the condemnee may provide to the condemnor the condemnee's claim of appropriate measures that the condemnee considers necessary to minimize damages to the property directly affected by the project as well as to minimize damages incurred to the remaining parcel of property.
Mont. Code Ann. § 70-6-301 — MT Code / Title 70 / Chapter 6 / Part 3 / Section 70-6-301
70-6-301 Gratuitous deposit defined
Status: in_force

70-6-301 . Gratuitous deposit defined. Gratuitous deposit is a deposit for which the depositary receives no consideration beyond the mere possession of the thing deposited.
Mont. Code Ann. § 70-5-106 — MT Code / Title 70 / Chapter 5 / Part 1 / Section 70-5-106
70-5-106 Exoneration of finder by storage of thing found
Status: in_force

70-5-106 . Exoneration of finder by storage of thing found. The finder of a thing may be exonerated from liability at any time by placing it in storage with any responsible person of good character at a reasonable expense.
Mont. Code Ann. § 70-27-102 — MT Code / Title 70 / Chapter 27 / Part 1 / Section 70-27-102
70-27-102 Forcible entry defined
Status: in_force

70-27-102 . Forcible entry defined. Every person is guilty of a forcible entry who either:

(1) by breaking open doors, windows, or other parts of a house or by any kind of violence or circumstance of terror enters upon or into any real property or mining claim; or

(2) after entering peaceably upon real property or mining claim, turns out by force, threats, or menacing conduct the party in possession.
Mont. Code Ann. § 70-23-1105 — MT Code / Title 70 / Chapter 23 / Part 11 / Section 70-23-1105
70-23-1105 Nonapplicability -- building codes -- zoning regulations
Status: in_force

70-23-1105 . Nonapplicability -- building codes -- zoning regulations. Nothing in this part may be interpreted to modify, expand, or abrogate the applicability of state or local building codes or zoning regulations to a condominium, townhome, townhouse, or conversion.
Mont. Code Ann. § 70-30-309 — MT Code / Title 70 / Chapter 30 / Part 3 / Section 70-30-309
70-30-309 Final order of condemnation -- contents -- vesting upon filing
Status: in_force

70-30-309 . Final order of condemnation -- contents -- vesting upon filing. (1) When payments have been made and the bond, if appropriate, has been given as required by 70-30-307 and 70-30-308 , the court shall make a final order of condemnation. The order must describe the property condemned, the purposes of the condemnation, and any appropriate payment for damages to the property actually taken as well as to any remaining parcel of property that may be adversely affected by the taking.

(2) A copy of the order must be filed in the office of the county clerk and recorder, and upon filing, the property described in the order vests in the condemnor for the purposes specified in the order.
Mont. Code Ann. § 70-23-605 — MT Code / Title 70 / Chapter 23 / Part 6 / Section 70-23-605
70-23-605 Lien effective against two or more units -- release from
Status: in_force

70-23-605 . Lien effective against two or more units -- release from. If a lien becomes effective against two or more units, the owner of each unit subject to the lien has the right to have the owner's unit released from the lien by payment of the amount of the lien attributable to the owner's unit. The amount of the lien attributable to a unit and the payment required to satisfy a lien, in the absence of agreement, must be determined by application of the percentage established in the declaration. A partial payment, satisfaction, or discharge may not prevent the lienor from proceeding to enforce the lienor's rights against any unit and the undivided interest in the common element pertaining to a unit not released by a payment, satisfaction, or discharge.
Mont. Code Ann. § 70-22-105 — MT Code / Title 70 / Chapter 22 / Part 1 / Section 70-22-105
70-22-105 Filing permitted as to any corner or accessory
Status: in_force

70-22-105 . Filing permitted as to any corner or accessory. (1) A surveyor may file a corner record to any property corner, property controlling corner, reference monument, or accessory to a corner.

(2) The filing of a properly completed corner record, documenting survey data used to determine the position of the corner, may be filed in lieu of filing a certificate of survey, as provided in 76-3-404 , for the following listed corners:

(a) a single, previously filed or recorded property corner;

(b) a property controlling corner;

(c) a reference monument; or

(d) an accessory to a corner.
Mont. Code Ann. § 70-26-109 — MT Code / Title 70 / Chapter 26 / Part 1 / Section 70-26-109
70-26-109 Change of lease terms by notice
Status: in_force

70-26-109 . Change of lease terms by notice. In all leases of lands or tenements or of any interest therein from month to month, the landlord may, upon giving notice in writing at least 15 days before the expiration of the month, change the terms of the lease to take effect at the expiration of the month. The notice, when served upon the tenant, shall of itself operate and be effectual to create and establish as a part of the lease the terms, rent, and conditions specified in the notice if the tenant shall continue to hold the premises after the expiration of the month.
Mont. Code Ann. § 70-33-305 — MT Code / Title 70 / Chapter 33 / Part 3 / Section 70-33-305
70-33-305 Transfer of premises by tenant
Status: in_force

70-33-305 . Transfer of premises by tenant. (1) A tenant who vacates a lot during the term of a tenancy may not allow the possession of the property to be transferred to a third person or sublet the property unless the landlord or the landlord's agent has consented in writing.

(2) The sale or rental of a mobile home located upon a lot does not entitle the purchaser or renter to retain rental of the lot unless the purchaser or renter enters into a rental agreement with the owner of the lot.

(3) A mobile home owner who owns the mobile home but rents the lot has the exclusive right to sell the mobile home without interference or conditions by the landlord. The new purchaser shall make suitable arrangements with the landlord in order to become a tenant on the mobile home lot. The purchase of the mobile home does not automatically entitle the purchaser to rent the mobile home lot.
Mont. Code Ann. § 70-9-820 — MT Code / Title 70 / Chapter 9 / Part 8 / Section 70-9-820
70-9-820 Requests for reports, examination of records, and confidentiality
Status: in_force

70-9-820 . Requests for reports, examination of records, and confidentiality. (1) The administrator may require a person that has not filed a report or a person that the administrator believes has filed an inaccurate, incomplete, or false report to file a verified report in a form specified by the administrator. The report must state whether the person is holding property reportable under this part, describe property not previously reported or as to which the administrator has made inquiry, and specifically identify and state the amounts of property that may be in issue.

(2) The administrator, at reasonable times and upon reasonable notice, may examine the records of any person to determine whether the person has complied with this part. The administrator may conduct the examination even if the person believes it is not in possession of any property that must be reported, paid, or delivered under this part. The administrator may contract with any other person to conduct the examination on behalf of the administrator.

(3) The administrator, at reasonable times, may examine the records of an agent, including a dividend disbursing agent or transfer agent, of a business association or financial organization that is the holder of property presumed abandoned if the administrator has given the notice required by subsection (2) to both the association or organization and the agent at least 90 days before the examination.

(4) Documents and working papers obtained or compiled by the administrator, or the administrator's agents, employees, or designated representatives, in the course of conducting an examination and personal information obtained from a holder's reports, except for the personal information published pursuant to 70-9-810 , are confidential and are not public records, but the documents and papers may be:

(a) used by the administrator in the course of an action to collect unclaimed property or otherwise enforce this part;

(b) used in joint examinations conducted with or pursuant to an agreement with another state, the federal government, or any other governmental subdivision, agency, or instrumentality;

(c) produced pursuant to subpoena or court order; or

(d) disclosed to the abandoned property office of another state for that state's use in circumstances equivalent to those described in this subsection (4) if the other state is bound to keep the documents and papers confidential.

(5) The administrator may only disclose confidential personal information to an apparent owner of unclaimed property, or the apparent owner's personal representative, power of attorney, attorney-in-fact, or agent, or a beneficiary of the apparent owner or the unclaimed property.

(6) If an examination of the records of a person results in the disclosure of property reportable under this part, the administrator may assess the cost of the examination against the holder at the rate of $200 a day for each examiner, or a greater amount that is reasonable and was incurred, but the assessment may not exceed the value of the property found to be reportable. The cost of an examination made pursuant to subsection (3) may be assessed only against the business association or financial organization.

(7) If, after July 1, 1997, a holder does not maintain the records required by 70-9-821 and the records of the holder available for the periods subject to this part are insufficient to permit the preparation of a report, the administrator may require the holder to report and pay to the administrator the amount the administrator reasonably estimates, on the basis of any available records of the holder or by any other reasonable method of estimation, should have been but was not reported.
Mont. Code Ann. § 70-19-201 — MT Code / Title 70 / Chapter 19 / Part 2 / Section 70-19-201
70-19-201 Actions concerning mining claims governed by local rules
Status: in_force

70-19-201 . Actions concerning mining claims governed by local rules. In actions respecting mining claims, proof must be admitted of the customs, usages, or regulations established and in force at the bar or diggings embracing such claim; and such customs, usages, or regulations, when not in conflict with the laws of this state or the United States, must govern the decision of the action.
Mont. Code Ann. § 70-15-209 — MT Code / Title 70 / Chapter 15 / Part 2 / Section 70-15-209
70-15-209 Future estate -- right of possession at future day
Status: in_force

70-15-209 . Future estate -- right of possession at future day. A future estate may be limited by the act of the party to commence in possession at a future day, either without the intervention of a precedent estate or on the termination by lapse of time or otherwise of a precedent estate created at the same time.
Mont. Code Ann. § 70-7-101 — MT Code / Title 70 / Chapter 7 / Part 1 / Section 70-7-101
70-7-101 Optional loan -- use or exchange -- applicability of entire chapter
Status: in_force

70-7-101 . Optional loan -- use or exchange -- applicability of entire chapter. A loan that the borrower is allowed by the lender to treat as a loan for use or for exchange, at the borrower's option, is subject to all of the provisions of this chapter.
Mont. Code Ann. § 70-20-404 — MT Code / Title 70 / Chapter 20 / Part 4 / Section 70-20-404
70-20-404 Purchaser in good faith not affected
Status: in_force

70-20-404 . Purchaser in good faith not affected. The rights of a purchaser or encumbrancer in good faith and for value are not to be impaired by any of the foregoing provisions of this part.
Mont. Code Ann. § 70-29-307 — MT Code / Title 70 / Chapter 29 / Part 3 / Section 70-29-307
70-29-307 Security taken and investment made in name of clerk
Status: in_force

70-29-307 . Security taken and investment made in name of clerk. When the security of the proceeds of sale is taken or when an investment of any proceeds is made, it must be done, except as otherwise provided in this part, in the name of the clerk of the court where the papers are filed and the clerk's successors in office, who shall hold the proceeds for the use and benefit of the persons interested subject to the order of the court.
Mont. Code Ann. § 70-1-312 — MT Code / Title 70 / Chapter 1 / Part 3 / Section 70-1-312
70-1-312 Partnership interest defined
Status: in_force

70-1-312 . Partnership interest defined. A partnership interest is one owned by several persons in partnership for partnership purposes.
Mont. Code Ann. § 70-6-503 — MT Code / Title 70 / Chapter 6 / Part 5 / Section 70-6-503
70-6-503 Loss or damage by fire -- liability for negligence
Status: in_force

70-6-503 . Loss or damage by fire -- liability for negligence. All innkeepers or hotelkeepers coming within the provisions of this part shall be liable for loss of or damage to any baggage or other property of their guests caused by fire in every case where such loss or damage is the result of the negligence of such keepers or their servants.
Mont. Code Ann. § 70-21-210 — MT Code / Title 70 / Chapter 21 / Part 2 / Section 70-21-210
70-21-210 Clerk to endorse fee
Status: in_force

70-21-210 . Clerk to endorse fee. The county clerk shall in all cases endorse the amount of the fee for recording on the instrument recorded.
Mont. Code Ann. § 70-23-1102 — MT Code / Title 70 / Chapter 23 / Part 11 / Section 70-23-1102
70-23-1102 Notice of intent
Status: in_force

70-23-1102 . Notice of intent. (1) In addition to the documents required under 70-23-1101 (2)(a), the notice of intent by a unit owner to a lienholder to convert a condominium to a townhome or townhouse must contain:

(a) the date;

(b) the name and address of the borrower;

(c) the name of the lienholder; and

(d) the name of the loan servicer if loan payments on a trust indenture or mortgage are collected by a loan servicer.

(2) The notice must be in substantially the following form:

"This notice, made the ... day of ......, ...., concerns the trust indenture or mortgage attached and described as follows:

Name of borrower: ..........

Name of lienholder: ..........

Name of loan servicer: ..........

Recording information concerning the trust indenture or mortgage, including the entry number, book number, and page number: ..........

Pursuant to the Unit Ownership Act contained in Title 70, chapter 23, MCA, the undersigned unit owner intends to convert a condominium affected by a mortgage or a trust indenture located at .......... to a townhome or townhouse.

Unless the lienholder within 120 days of the date of this notice records its objection pursuant to 70-23-1101 , MCA, with the office of the county clerk and recorder of the county in which the property is situated and mails notification of its objection by certified mail, return receipt requested, to the unit owner at the address specified on this notice, the unit owner will consent to the conversion on behalf of the lienholder for the mortgage or trust indenture described in this notice.

Pursuant to 70-23-1101 (2)(a), MCA, the unit owner has included the following attachments:

(a) a copy of the recorded trust indenture or mortgage;

(b) a litigation guarantee;

(c) the proposed declaration and bylaws for the converted townhome or townhouses;

(d) a surveyed site plan; and

(e) an appraisal of the fair market value of each unit presuming that each unit had been converted to a townhome or townhouse.

......... (Signature of unit owner)

......... (Address of unit owner)"
Mont. Code Ann. § 70-32-202 — MT Code / Title 70 / Chapter 32 / Part 2 / Section 70-32-202
70-32-202 Execution allowed under certain judgments
Status: in_force

70-32-202 . Execution allowed under certain judgments. The homestead is subject to execution or forced sale in satisfaction of judgments obtained:

(1) on debts secured by construction or vendors' liens upon the premises;

(2) on debts secured by mortgages on the premises, executed and acknowledged by the husband and wife or by an unmarried claimant; or

(3) on debts secured by mortgages on the premises, executed and recorded before the declaration of homestead was filed for record.
Mont. Code Ann. § 70-19-401 — MT Code / Title 70 / Chapter 19 / Part 4 / Section 70-19-401
70-19-401 Action for recovery -- possession within 5 years required
Status: in_force

70-19-401 . Action for recovery -- possession within 5 years required. An action for the recovery of real property or for the possession of real property may not be maintained unless it appears that the plaintiff or the plaintiff's ancestor, predecessor, or grantor was seized or possessed of the property in question within 5 years before the commencement of the action.
Mont. Code Ann. § 70-32-205 — MT Code / Title 70 / Chapter 32 / Part 2 / Section 70-32-205
70-32-205 Service of petition -- notice of hearing
Status: in_force

70-32-205 . Service of petition -- notice of hearing. A copy of the petition, with a notice of the time and place of hearing, must be served upon the claimant at least 2 days before the hearing.
Mont. Code Ann. § 70-25-101 — MT Code / Title 70 / Chapter 25 / Part 1 / Section 70-25-101
70-25-101 Definitions
Status: in_force

70-25-101 . Definitions. As used in this chapter, the following definitions apply:

(1) "Cleaning expenses" means the actual and necessary cost of cleaning done by an owner or the owner's selected representative for cleaning needs not attributable to normal wear brought about by the tenant's failure to bring the premises to the condition it was at the time of renting.

(2) "Damage" means any and all tangible loss, injury, or deterioration of a leasehold premises caused by the willful or accidental acts of the tenant occupying the leasehold premises or by the tenant's family, licensees, or invitees, as well as any and all tangible loss, injury, or deterioration resulting from the tenant's omissions or failure to perform any duty imposed upon the tenant by law with respect to the leasehold.

(3) "Leasehold premises" means the premises occupied by the tenant together with all common areas, recreational facilities, parking areas, and storage facilities to which the tenant has access, as well as all personal property owned or controlled by the landlord the use of which is permitted to the tenant.

(4) "Security deposit" means value given, in money or its equivalent, to secure the payment of rent by the tenant under a leasehold agreement or to secure payment for damage to and cleaning of the leasehold premises. If a leasehold agreement or an agreement incident to a leasehold agreement requires the tenant or prospective tenant to provide or maintain in effect any deposit to the landlord for part or all of the term of the leasehold agreement, the deposit must be presumed to be a security deposit. A fee or charge for cleaning and damages, no matter how designated, is presumed to be a security deposit.
Mont. Code Ann. § 70-33-424 — MT Code / Title 70 / Chapter 33 / Part 4 / Section 70-33-424
70-33-424 Refusal of access -- landlord's remedies
Status: in_force

70-33-424 . Refusal of access -- landlord's remedies. (1) If the tenant refuses to allow lawful access, the landlord may issue a 24-hour notice to correct or obtain immediate injunctive relief to compel access. In either case, the landlord may recover actual damages. If the 24-hour notice to correct is not remedied, the landlord may issue a 3-day notice to terminate the rental agreement.

(2) If a tenant removes a lock or replaces or adds a lock not supplied by the landlord to the premises and fails to provide a key as required by 70-33-312 (5), the landlord may issue a 24-hour notice to correct or obtain immediate injunctive relief. If the 24-hour notice to correct is not remedied, the landlord may issue a 3-day notice to terminate the rental agreement.
Mont. Code Ann. § 70-33-203 — MT Code / Title 70 / Chapter 33 / Part 2 / Section 70-33-203
70-33-203 Effect of unsigned or undelivered rental agreement
Status: in_force

70-33-203 . Effect of unsigned or undelivered rental agreement. (1) If the landlord does not sign and deliver a written rental agreement that has already been signed by the tenant and delivered to the landlord, acceptance of rent without reservation by the landlord gives the rental agreement the same effect as if it had been signed and delivered by the landlord to the tenant.

(2) If the tenant does not sign and deliver to the landlord a written rental agreement that has already been signed by the landlord and delivered to the tenant, acceptance of possession of the premises and payment of rent without reservation by the tenant gives the rental agreement the same effect as if it had been signed and delivered by the tenant to the landlord.

(3) If a rental agreement given effect by the operation of this section provides for a term longer than 1 year, it is effective for only 1 year.
Mont. Code Ann. § 70-6-213 — MT Code / Title 70 / Chapter 6 / Part 2 / Section 70-6-213
70-6-213 Place of delivery
Status: in_force

70-6-213 . Place of delivery. A depositary shall deliver the thing deposited at the depositary's residence or place of business as may be most convenient for the depositary.
Mont. Code Ann. § 70-33-434 — MT Code / Title 70 / Chapter 33 / Part 4 / Section 70-33-434
70-33-434 Attorney fees -- costs
Status: in_force

70-33-434 . Attorney fees -- costs. In an action on a rental agreement or arising under this chapter, reasonable attorney fees, together with costs and necessary disbursements, may be awarded to the prevailing party notwithstanding an agreement to the contrary.
Mont. Code Ann. § 70-3-205 — MT Code / Title 70 / Chapter 3 / Part 2 / Section 70-3-205
70-3-205 When gift treated as legacy
Status: in_force

70-3-205 . When gift treated as legacy. A gift in view of death must be treated as a legacy so far as relates to the creditors of the giver.
Mont. Code Ann. § 70-33-311 — MT Code / Title 70 / Chapter 33 / Part 3 / Section 70-33-311
70-33-311 Landlord authorized to adopt rules
Status: in_force

70-33-311 . Landlord authorized to adopt rules. (1) A landlord may adopt a rule concerning the tenant's use and occupancy of the premises. A rule is enforceable against the tenant only if:

(a) its purpose is to promote the convenience, safety, or welfare of the occupants in the premises, preserve the landlord's property from abusive use, or make a fair distribution of services and facilities held out for the tenants generally;

(b) it is reasonably related to the purpose for which it is adopted;

(c) it applies to all occupants in the premises in a fair manner;

(d) it is sufficiently explicit in its prohibition, direction, or limitation of the tenant's conduct to fairly inform the tenant of what the tenant shall or may not do to comply;

(e) it is not for the purpose of evading the obligations of the landlord; and

(f) the tenant has notice of the rule at the time that the tenant enters into the rental agreement or when the rule is adopted.

(2) A rule adopted by a landlord must be in writing and must be given to each tenant residing on the premises and to each new tenant upon arrival.

(3) If a rule is adopted after a tenant enters into a rental agreement that involves a substantial modification of the rental agreement, it is not valid until after 30 days' written notice in the case of month-to-month tenancies.
Mont. Code Ann. § 70-17-113 — MT Code / Title 70 / Chapter 17 / Part 1 / Section 70-17-113
70-17-113 Prohibited easement
Status: in_force

70-17-113 . Prohibited easement. If an existing road or road easement provides access to a lot in a platted residential subdivision, the owner of a lot or parcel in a platted residential subdivision may not obtain a prescriptive easement for ingress or egress to the lot if the prescriptive easement crosses other lots or parcels in the platted residential subdivision.
Mont. Code Ann. § 70-21-103 — MT Code / Title 70 / Chapter 21 / Part 1 / Section 70-21-103
70-21-103 Unrecorded deeds -- to whom belong
Status: in_force

70-21-103 . Unrecorded deeds -- to whom belong. Instruments essential to the title of real property and which are not kept in a public office as a record pursuant to law belong to the person in whom, for the time being, such title may be vested and pass with the title.
Mont. Code Ann. § 70-29-109 — MT Code / Title 70 / Chapter 29 / Part 1 / Section 70-29-109
70-29-109 Notice of action to be filed with clerk -- lis pendens
Status: in_force

70-29-109 . Notice of action to be filed with clerk -- lis pendens. (1) Immediately after filing the complaint in the district court, the plaintiff must file in the office of the county clerk and recorder of the county or of the several counties in which the property is situated a notice of the pendency of the action containing:

(a) the names of the parties so far as known;

(b) the object of the action; and

(c) a description of the property to be affected thereby.

(2) From the time of filing such notice, all persons shall be deemed to have notice of the pendency of the action.
Mont. Code Ann. § 70-27-110 — MT Code / Title 70 / Chapter 27 / Part 1 / Section 70-27-110
70-27-110 Service of notice -- how made
Status: in_force

70-27-110 . Service of notice -- how made. (1) The notices required by 70-27-108 may be served either:

(a) by delivering a copy to the tenant personally;

(b) if the tenant is absent from the tenant's place of residence and from the tenant's usual place of business, by leaving a copy with some person of suitable age and discretion at either place and sending a copy through the mail addressed to the tenant at the tenant's place of residence; or

(c) if the place of residence and business cannot be ascertained or a person of suitable age or discretion cannot be found there, then by affixing a copy in a conspicuous place on the property and also delivering a copy to a person residing there if a person can be found and also sending a copy through the mail addressed to the tenant at the place where the property is situated.

(2) Service upon a subtenant may be made in the same manner.
Mont. Code Ann. § 70-22-110 — MT Code / Title 70 / Chapter 22 / Part 1 / Section 70-22-110
70-22-110 Surveyor to rehabilitate monument
Status: in_force

70-22-110 . Surveyor to rehabilitate monument. If a corner record of a public land survey corner is required to be filed under the provisions of this part, the surveyor shall reconstruct or rehabilitate the monument of the corner and accessories to the corner so that the monument is left by the surveyor in a physical condition so that it remains as permanent a monument as is reasonably possible and so that the monument may be reasonably expected to be located with facility at all times in the future.
Mont. Code Ann. § 70-21-310 — MT Code / Title 70 / Chapter 21 / Part 3 / Section 70-21-310
70-21-310 Validation of recorded instruments omitting address of grantee -- notice imparted
Status: in_force

70-21-310 . Validation of recorded instruments omitting address of grantee -- notice imparted. (1) Any deed, mortgage, or assignment of mortgage which was, previous to July 1, 1931, copied into the proper book kept in the office of the county clerk and recorder shall be deemed to impart, after July 1, 1931, notice of its contents to subsequent purchasers and encumbrancers notwithstanding the omission therefrom of the post-office address of the grantee, mortgagee, or assignee of the mortgagee, as the case may be; and all such instruments recorded before July 1, 1931, which do not contain the post-office address of the grantee, mortgagee, or assignee of the mortgagee, as the case may be, shall be valid and shall have the same force and effect as though the post-office address of such grantee, mortgagee, or assignee of the mortgagee were contained therein; but nothing herein shall be deemed to affect the rights of purchasers or encumbrancers previous to July 1, 1931.

(2) Duly certified copies of the record of any such instrument may be read in evidence with like effect as certified copies of instruments duly recorded containing the post-office address of the grantee, mortgagee, or assignee of the mortgagee, as the case may be.
Mont. Code Ann. § 70-1-701 — MT Code / Title 70 / Chapter 1 / Part 7 / Section 70-1-701
70-1-701 Purpose
Status: in_force

70-1-701 . Purpose. It is the purpose of this part to declare that a gift or devise may be made to the estate of a named or otherwise designated person and that a power to appoint to the estate of such a person may be created and exercised in order to ensure that persons who make inter vivos or testamentary conveyances that are subject to the law of Montana can effectively use forms of conveyances that are commonly used in other states to qualify for the federal estate and gift tax marital deductions.
Mont. Code Ann. § 70-1-307 — MT Code / Title 70 / Chapter 1 / Part 3 / Section 70-1-307
70-1-307 Joint interest defined
Status: in_force

70-1-307 . Joint interest defined. A joint interest is one owned by several persons in equal shares by a title created by a single will or transfer, when expressly declared in the will or transfer to be a joint tenancy or when granted or devised to executors or trustees as joint tenants.
Mont. Code Ann. § 70-1-522 — MT Code / Title 70 / Chapter 1 / Part 5 / Section 70-1-522
70-1-522 Certain restrictions on political free speech contrary to public policy -- enforcement prohibited -- definitions
Status: in_force

70-1-522 . Certain restrictions on political free speech contrary to public policy -- enforcement prohibited -- definitions. (1) A person, homeowners' association, property owners' association, corporation, or other private entity may not, as a condition of property ownership within the jurisdiction of the private entity or by other means, prohibit the placement of a sign advocating the election, appointment, or defeat of a candidate for public office or the passage or defeat of a ballot issue on:

(a) property belonging to individual or joint property owners who authorize the placement of the sign; or

(b) common areas in which an owner owns an undivided interest.

(2) A person, homeowners' association, property owners' association, corporation, or other private entity may impose limits on the size of signs allowed to be displayed within the jurisdiction of the private entity and may regulate the location of sign placement and the time period during which signs may be displayed.

(3) An ordinance, covenant, contract term, or other provision, whether agreed to or not between the homeowners' association, property owners' association, corporation, or other private entity and the owner or tenant, is contrary to the public policy of this state. A court may not enforce the terms of an ordinance, covenant, contract term, or other provision that is contrary to public policy under this section.

(4) As used in this section, "ballot issue" and "candidate" have the meanings provided in 13-1-101 .
Mont. Code Ann. § 70-21-203 — MT Code / Title 70 / Chapter 21 / Part 2 / Section 70-21-203
70-21-203 Acknowledgment of instruments required -- exceptions
Status: in_force

70-21-203 . Acknowledgment of instruments required -- exceptions. Unless an instrument belongs to a class provided for in either 70-21-205 or 70-21-207 , before the instrument can be recorded, its execution must be acknowledged as provided in subsection (1) or proved as provided in subsection (2).

(1) Execution of the instrument must be acknowledged, as acknowledgment is defined in 1-5-602 :

(a) by the person executing it; or

(b) if executed by a corporation, by its president, vice president, secretary, or assistant secretary or by any other person duly authorized by resolution by the corporation to act on behalf of the corporation.

(2) Execution of the instrument must be proved by a subscribing witness or as provided in 1-5-302 and 1-5-303 . Proof of execution as provided for in this subsection must be notarized as provided in Title 1, chapter 5.
Mont. Code Ann. § 70-22-103 — MT Code / Title 70 / Chapter 22 / Part 1 / Section 70-22-103
70-22-103 Definitions
Status: in_force

70-22-103 . Definitions. Except when the context indicates a different meaning, terms used in this part must be defined as follows:

(1) An "accessory to a corner" means any exclusively identifiable physical object whose spatial relationship to the corner is recorded. Accessories may be bearing trees, bearing objects, monuments, reference monuments, line trees, pits, mounds, charcoal-filled bottles, steel or wooden stakes, or other objects.

(2) The "board" means the board of professional engineers and professional land surveyors provided for in 2-15-1763 .

(3) A "corner", unless otherwise qualified, means a property corner or a property controlling corner or a public land survey corner or any combination of these.

(4) A "monument" means an accessory that is presumed to occupy the exact position of a corner.

(5) A "property controlling corner" for a property means a public land survey corner or any property corner that does not lie on a property line of the property in question but that controls the location of one or more of the property corners of the property in question.

(6) A "property corner" means a geographic point on the surface of the earth and is on, is a part of, and controls a property line.

(7) A "public land survey corner" means any corner actually established and monumented in an original survey or resurvey used as a basis of legal description for issuing a patent for the land to a private person from the United States government.

(8) A "reference monument" means a special monument that does not occupy the same geographical position as the corner itself but whose spatial relationship to the corner is recorded and that serves to witness the corner.

(9) A "surveyor" means a person who is licensed to practice land surveying under Title 37, chapter 67, and has a paid-up license for that calendar year or who is authorized under Title 37, chapter 67, to practice land surveying.
Mont. Code Ann. § 70-1-204 — MT Code / Title 70 / Chapter 1 / Part 2 / Section 70-1-204
70-1-204 Acquisition by taxation
Status: in_force

70-1-204 . Acquisition by taxation. The state or any county thereof may acquire property by taxation in the modes authorized by law.
Mont. Code Ann. § 70-9-829 — MT Code / Title 70 / Chapter 9 / Part 8 / Section 70-9-829
70-9-829 Uniformity of application and construction
Status: in_force

70-9-829 . Uniformity of application and construction. This part must be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this part among states enacting it.
Mont. Code Ann. § 70-1-702 — MT Code / Title 70 / Chapter 1 / Part 7 / Section 70-1-702
70-1-702 Estate defined
Status: in_force

70-1-702 . Estate defined. The word "estate" as used in this part means persons who may take interests in property.
Mont. Code Ann. § 70-28-105 — MT Code / Title 70 / Chapter 28 / Part 1 / Section 70-28-105
70-28-105 Maintenance of action when no known claimants
Status: in_force

70-28-105 . Maintenance of action when no known claimants. If in any case there are no known claimants or possible claimants to any of the property involved in any action contemplated by 70-28-101 through 70-28-109 , the action may nevertheless be maintained against all persons unknown claiming or who might claim any right, title, estate, or interest in or lien or encumbrance upon the real property described in the complaint or any part thereof adverse to plaintiff's ownership or any cloud upon plaintiff's title thereto, whether such claim or possible claim be present or contingent, including any claim or possible claim of dower, inchoate or accrued, and such action may be prosecuted to judgment in the same manner and with like effect as though there had been known claimants or possible claimants; and in any such case, the complaint, the affidavit for service by publication, the order for service by publication, and the decree shall state the facts and the summons shall be directed to such unknown persons.
Mont. Code Ann. § 70-33-322 — MT Code / Title 70 / Chapter 33 / Part 3 / Section 70-33-322
70-33-322 Notice of extended absence
Status: in_force

70-33-322 . Notice of extended absence. The rental agreement may require that the tenant notify the landlord of an anticipated extended absence from the premises in excess of 7 days not later than the first day of the extended absence.
Mont. Code Ann. § 70-15-207 — MT Code / Title 70 / Chapter 15 / Part 2 / Section 70-15-207
70-15-207 Estate for life of third person -- freehold
Status: in_force

70-15-207 . Estate for life of third person -- freehold. An estate during the life of a third person, whether limited to heirs or otherwise, is a freehold.
Mont. Code Ann. § 70-4-203 — MT Code / Title 70 / Chapter 4 / Part 2 / Section 70-4-203
70-4-203 Uniting of materials of several owners
Status: in_force

70-4-203 . Uniting of materials of several owners. When a thing has been formed by the combination of several materials of different owners and none of the materials can be considered the principal substance, an owner without whose consent the combination was made may require a separation if the materials can be separated without inconvenience. If they cannot be separated, the owners acquire the thing in common, in proportion to the quantity, quality, and value of their materials, but if the materials of one were far superior to those of the others, both in quantity and value, the person may claim the thing on reimbursing to the others the value of their materials.
Mont. Code Ann. § 70-17-402 — MT Code / Title 70 / Chapter 17 / Part 4 / Section 70-17-402
70-17-402 Definitions
Status: in_force

70-17-402 . Definitions. As used in this part, the following definitions apply:

(1) "Wind easement" means the right granted by the owner of real property to a wind energy developer guaranteeing the developer the right to use the real property legally described in a wind energy agreement and the wind resource located on and flowing over its surface to develop a wind energy project. A wind easement is an interest in real property.

(2) "Wind energy agreement" means any wind energy lease or license or any other written document entered into between the owner of the real property and the wind energy developer that contains the wind easement.

(3) "Wind energy developer" means the person that enters into a wind option agreement or wind energy agreement with the owner of the real property for the purpose of developing a wind energy project.

(4) "Wind energy right" means an interest in real property on and over which the wind resource is located and flows that is appurtenant to the real property.

(5) "Wind option agreement" means a written agreement in which the owner of real property grants a wind energy developer an exclusive right to obtain a wind easement through a wind energy agreement.
Mont. Code Ann. § 70-24-201 — MT Code / Title 70 / Chapter 24 / Part 2 / Section 70-24-201
70-24-201 Rental agreement -- terms and conditions
Status: in_force

70-24-201 . Rental agreement -- terms and conditions. (1) A landlord and a tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule or law, including rent, term of the agreement, and other provisions governing the rights and obligations of the parties.

(2) Unless the rental agreement provides otherwise:

(a) the tenant shall pay as rent the rental value for the use and occupancy of the dwelling unit as determined by the landlord;

(b) rent is payable at the landlord's address or using electronic funds transfer to an account designated for the payment of rent by the landlord;

(c) periodic rent is payable at the beginning of a term of a month or less and otherwise in equal monthly installments at the beginning of each month;

(d) rent is uniformly apportionable from day to day;

(e) the tenancy is week to week in the case of a roomer who pays weekly rent and in all other cases month to month; and

(f) if either party terminates the rental agreement without cause prior to the expiration date of the lease term, the aggrieved party is entitled to monetary damages up to 1 month's rent or an amount that is agreed on in the rental agreement, which may not exceed 1 month's rent. Landlords shall follow 70-24-426 (3) and are entitled to rent from defaulting tenants up to the date a new tenancy starts or the date the rental agreement term expires.

(3) Rent is payable without demand or notice at the time and place agreed upon by the parties or provided for by subsection (2).

(4) A landlord may not charge an additional fee based on rent payment type except to recoup an electronic bank fee incurred for electronic payment.
Mont. Code Ann. § 70-30-304 — MT Code / Title 70 / Chapter 30 / Part 3 / Section 70-30-304
70-30-304 Appeal to district court from assessment of condemnation commissioners
Status: in_force

70-30-304 . Appeal to district court from assessment of condemnation commissioners. (1) Any party may appeal from any assessment made by the condemnation commissioners in the court in which the report of the commissioners is filed. The appeal must be taken within 30 days after the service upon the parties of the notice of the filing of the award. The appealing party shall serve notice of the appeal upon the opposing party or the opposing party's attorney and shall file the notice of appeal in the district court in which the action is pending. The appeal must be tried upon the same notice and in the same manner as other civil actions. Unless a jury is waived by the consent of all parties to the appeal, the appeal must be tried by a jury. The amount to which the condemnee may be entitled, by reason of the taking of the condemnee's property, must be reassessed as prescribed in this part for the assessment of that amount by the commissioners.

(2) Upon any verdict or assessment by the commissioners becoming final, judgment must be entered declaring that upon payment of the amount of the verdict or assessment, together with the interests and costs allowed by law, if any, the condemnor has the right to construct and maintain the public use project and to take the property described in the verdict or assessment for the use and purposes for which the property has been taken. The rights granted in the verdict or assessment remain in the condemnor and the condemnor's heirs, successors, or assigns forever.

(3) If the party appealing from the award of the commissioners does not succeed in changing to the appellant's advantage the amount finally awarded in the proceeding, the appellant may not recover the costs of the appeal, but all the costs of the appellee in the appeal must be taxed against and recovered from the appellant. However, upon the trial of the appeal, the appellant may contest the right of any party to any of the property mentioned and set forth or involved in the appeal that was located after the preliminary survey of any highway or railroad, seeking to condemn a right-of-way pursuant to the provisions of this chapter if the condemnation proceedings are begun within 1 year after the preliminary survey.
Mont. Code Ann. § 70-33-423 — MT Code / Title 70 / Chapter 33 / Part 4 / Section 70-33-423
70-33-423 Waiver of landlord's right to termination
Status: in_force

70-33-423 . Waiver of landlord's right to termination. (1) Acceptance by the landlord of full payment of rent due is a waiver of a claimed breach of a rental agreement only when the claimed breach is the nonpayment of rent.

(2) Acceptance of full payment of rent due when a claimed breach is something other than the nonpayment of rent does not constitute a waiver of any right.

(3) The acceptance of partial payment of rent due does not constitute a waiver of any right, including rent due.
Mont. Code Ann. § 70-6-204 — MT Code / Title 70 / Chapter 6 / Part 2 / Section 70-6-204
70-6-204 Extent of depositary's liability for negligence
Status: in_force

70-6-204 . Extent of depositary's liability for negligence. The liability of a depositary for negligence cannot exceed the amount that the depositary is informed by the depositor or has reason to suppose the thing deposited to be worth.
Mont. Code Ann. § 70-27-106 — MT Code / Title 70 / Chapter 27 / Part 1 / Section 70-27-106
70-27-106 Reentry -- when and how to be made
Status: in_force

70-27-106 . Reentry -- when and how to be made. Whenever the right of reentry is given to the grantor or lessor in any grant or lease or otherwise, such reentry may be made at any time after the right has accrued, upon 3 days' notice, as provided in this chapter.
Mont. Code Ann. § 70-9-822 — MT Code / Title 70 / Chapter 9 / Part 8 / Section 70-9-822
70-9-822 Enforcement
Status: in_force

70-9-822 . Enforcement. The administrator may maintain an action in this or another state to enforce this part. The court may award reasonable attorney fees to the prevailing party.
Mont. Code Ann. § 70-21-211 — MT Code / Title 70 / Chapter 21 / Part 2 / Section 70-21-211
70-21-211 Record books to be separate
Status: in_force

70-21-211 . Record books to be separate. Grants absolute in terms are to be recorded in one set of books and mortgages and securities in the nature of mortgages in another.
Mont. Code Ann. § 70-30-308 — MT Code / Title 70 / Chapter 30 / Part 3 / Section 70-30-308
70-30-308 How payment made -- execution or annulment for nonpayment
Status: in_force

70-30-308 . How payment made -- execution or annulment for nonpayment. (1) Payment may be made to the condemnee, or the money may be deposited in court for the condemnee and be distributed pursuant to the assessment or judgment. However, at the option of the condemnee, payments may be made:

(a) on an annual basis, using the installment contract method; or

(b) if other land is reasonably available and the condemnor consents, by means of a land exchange between the condemnee and condemnor if the land to be provided by the condemnor in the exchange is of equal or more value than the land being condemned.

(2) If the money is not paid or deposited, the condemnee may have execution as in civil cases, and if the money cannot be executed upon, the court, upon a showing to that effect, shall set aside and annul the entire proceedings and restore possession of the property to the condemnee if possession has been taken by the condemnor.
Mont. Code Ann. § 70-30-312 — MT Code / Title 70 / Chapter 30 / Part 3 / Section 70-30-312
70-30-312 Appeal to supreme court
Status: in_force

70-30-312 . Appeal to supreme court. (1) Any party interested in the proceedings can appeal to the supreme court from any finding or judgment made or rendered under this chapter, as in other cases.

(2) An appeal does not stay any further proceedings under this chapter, except that the district court on motion or ex parte may grant a stay for a period of time and under conditions that the court considers proper.
Mont. Code Ann. § 70-6-104 — MT Code / Title 70 / Chapter 6 / Part 1 / Section 70-6-104
70-6-104 Involuntary depositary bound to take charge
Status: in_force

70-6-104 . Involuntary depositary bound to take charge. The person with whom a thing is deposited in the manner described in 70-6-103 is bound to take charge of it if able to do so.
Mont. Code Ann. § 70-24-204 — MT Code / Title 70 / Chapter 24 / Part 2 / Section 70-24-204
70-24-204 Effect of unsigned or undelivered rental agreement
Status: in_force

70-24-204 . Effect of unsigned or undelivered rental agreement. (1) If the landlord does not sign and deliver a written rental agreement that has already been signed by the tenant and delivered to the landlord, acceptance of rent without reservation by the landlord gives the rental agreement the same effect as if it had been signed and delivered by the landlord to the tenant.

(2) If the tenant does not sign and deliver to the landlord a written rental agreement that has already been signed by the landlord and delivered to the tenant, acceptance of possession of the premises and payment of rent without reservation by the tenant gives the rental agreement the same effect as if it had been signed and delivered by the tenant to the landlord.

(3) If a rental agreement given effect by the operation of this section provides for a term longer than 1 year, it is effective for only 1 year.
Mont. Code Ann. § 70-23-401 — MT Code / Title 70 / Chapter 23 / Part 4 / Section 70-23-401
70-23-401 Property status of the unit
Status: in_force

70-23-401 . Property status of the unit. While the property is submitted to this chapter, a unit in the building may be individually conveyed, leased, or encumbered and may be the subject of ownership, possession, or sale and of all types of juridic acts inter vivos or mortis causa as if it were sole and entirely independent of the other units in the building of which they form a part, and the corresponding individual titles and interests shall be recordable.
Mont. Code Ann. § 70-25-205 — MT Code / Title 70 / Chapter 25 / Part 2 / Section 70-25-205
70-25-205 Failure of departing tenant to furnish new address
Status: in_force

70-25-205 . Failure of departing tenant to furnish new address. Failure by the departing tenant to provide the landlord with a new address in writing upon termination of the tenancy or upon surrender and acceptance of the leasehold premises, whichever occurs first, does not bar the tenant from recovering the amount owing to the tenant by the landlord.
Mont. Code Ann. § 70-24-410 — MT Code / Title 70 / Chapter 24 / Part 4 / Section 70-24-410
70-24-410 Unlawful or unreasonable entry by landlord -- tenant's remedies
Status: in_force

70-24-410 . Unlawful or unreasonable entry by landlord -- tenant's remedies. If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may either obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In either case the tenant may recover actual damages.
Mont. Code Ann. § 70-1-703 — MT Code / Title 70 / Chapter 1 / Part 7 / Section 70-1-703
70-1-703 Conveyances to an estate
Status: in_force

70-1-703 . Conveyances to an estate. Unless a contrary intention appears, a devise, as defined in 72-1-103 , or an inter vivos conveyance of a property interest to the estate of a named or otherwise designated person passes the interest as if the interest had been owned by that person. The interest may pass to the heirs of that person, may be used to satisfy devises made in that person's will, or may be used to satisfy claims for debts or taxes.
Mont. Code Ann. § 70-32-216 — MT Code / Title 70 / Chapter 32 / Part 2 / Section 70-32-216
70-32-216 Tracing homestead proceeds
Status: in_force

70-32-216 . Tracing homestead proceeds. (1) If property or a part of property that could have been claimed as an exempt homestead has been sold or taken by condemnation, as provided in Title 60, chapter 4, or Title 70, chapter 30, or has been lost, damaged, or destroyed and the owner has been indemnified for the property, the owner is entitled for 18 months to exemption of the proceeds that are traceable.

(2) Proceeds are traceable under this section by application of the principles of first-in first-out, last-in first-out, or any other reasonable basis for tracing selected by the judgment debtor.
Mont. Code Ann. § 70-29-107 — MT Code / Title 70 / Chapter 29 / Part 1 / Section 70-29-107
70-29-107 Lienholders of record as parties
Status: in_force

70-29-107 . Lienholders of record as parties. If it appears to the court, by the certificate of the clerk of the court and county clerk and recorder or by the sworn or verified statement of any person who may have examined or searched the records, that there are outstanding liens or encumbrances of record upon such real property or any part or portion thereof which existed and were of record at the time of the commencement of the action, and the persons holding such liens are not made parties to the action, the court must either order such persons to be made parties to the action by an amendment or supplemental complaint or appoint a referee to ascertain whether or not such liens or encumbrances have been paid or, if not paid, what amount remains due thereon and their order among the liens or encumbrances severally held by such persons and the parties to the action and whether the amount remaining due thereon has been secured in any manner and, if secured, the nature and extent of the security.
Mont. Code Ann. § 70-24-405 — MT Code / Title 70 / Chapter 24 / Part 4 / Section 70-24-405
70-24-405 Failure of landlord to deliver possession -- tenant's remedies
Status: in_force

70-24-405 . Failure of landlord to deliver possession -- tenant's remedies. (1) If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in 70-24-302 , rent abates until possession is delivered and the tenant may:

(a) terminate the rental agreement upon at least 5 days' written notice to the landlord, and upon termination, the landlord shall return all prepaid rent and security; or

(b) demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or a person wrongfully in possession and recover the actual damages sustained by the tenant.

(2) If a person's failure to deliver possession is purposeful and not in good faith, an aggrieved party may recover from that person an amount not more than 3 months' periodic rent or treble damages, whichever is greater.
Mont. Code Ann. § 70-1-326 — MT Code / Title 70 / Chapter 1 / Part 3 / Section 70-1-326
70-1-326 Future interests -- how passed
Status: in_force

70-1-326 . Future interests -- how passed. Future interests pass by succession, will, and transfer in the same manner as present interests.
Mont. Code Ann. § 70-9-404 — MT Code / Title 70 / Chapter 9 / Part 4 / Section 70-9-404
70-9-404 Surplus proceeds unclaimed -- disposition
Status: in_force

70-9-404 . Surplus proceeds unclaimed -- disposition. If the owner or the owner's agent fails to demand the surplus within 60 days of the time of sale, then it must be paid into the county treasury, subject to the order of the owner.
Mont. Code Ann. § 70-29-328 — MT Code / Title 70 / Chapter 29 / Part 3 / Section 70-29-328
70-29-328 Incompetent's share of proceeds -- payment to guardian
Status: in_force

70-29-328 . Incompetent's share of proceeds -- payment to guardian. The guardian who may be entitled to the custody and management of the estate of a person committed pursuant to 53-21-127 or other person adjudged incapable of conducting the person's own affairs, whose interest in real property has been sold, may receive on behalf of the person the person's share of the proceeds of the real property from the referees. The guardian may receive the interest on executing an undertaking with a surety. The undertaking must be approved by a judge of the court and must state that the guardian will faithfully discharge the trust placed in the guardian and will make an accurate account to the person entitled to the accounting or to the person's legal representative.
Mont. Code Ann. § 70-33-301 — MT Code / Title 70 / Chapter 33 / Part 3 / Section 70-33-301
70-33-301 Duty to disclose name of person responsible
Status: in_force

70-33-301 . Duty to disclose name of person responsible. (1) A landlord or a person authorized to enter into a rental agreement on a landlord's behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of:

(a) the person authorized to manage the premises; and

(b) the owner of the premises or a person authorized to act for the owner for the purpose of service of process and receiving notices and demands.

(2) The information required to be furnished by this section must be kept current and in writing, and this section is enforceable against any successor landlord, owner, or manager.

(3) A person, other than the landlord, who fails to comply with subsection (1) becomes an agent of each person who is a landlord for the purpose of:

(a) service of process and receiving notices and demands; and

(b) performing the obligations of the landlord under this chapter and under the rental agreement and for expending or making available for the purpose of performing those obligations all rent collected from the premises.
Mont. Code Ann. § 70-1-513 — MT Code / Title 70 / Chapter 1 / Part 5 / Section 70-1-513
70-1-513 Grants -- how interpreted generally
Status: in_force

70-1-513 . Grants -- how interpreted generally. Grants are to be interpreted in like manner with contracts in general, except so far as is otherwise provided in this part.
Mont. Code Ann. § 70-33-422 — MT Code / Title 70 / Chapter 33 / Part 4 / Section 70-33-422
70-33-422 Noncompliance of tenant generally -- landlord's right of termination -- damages -- injunction
Status: in_force

70-33-422 . Noncompliance of tenant generally -- landlord's right of termination -- damages -- injunction. (1) If the tenant destroys, defaces, damages, impairs, or removes any part of the premises in violation of 70-33-321 (3), the landlord may terminate the rental agreement upon giving 3 days' written notice specifying the noncompliance under the provisions of 70-33-321 (3). If the landlord terminates the rental agreement, the tenant shall vacate the premises on termination of the agreement.

(2) If the tenant creates a reasonable potential that the premises may be damaged or destroyed or that neighboring tenants may be injured, as evidenced by the tenant being arrested or charged with an act that violates the provisions of 70-33-321 (4), the landlord may terminate the rental agreement upon giving 3 days' written notice specifying the violation and noncompliance under the provisions of 70-33-321 (4). If the landlord terminates the rental agreement, the tenant shall vacate the premises on termination of the agreement.

(3) Except as otherwise provided in this chapter, the landlord may recover actual damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or 70-33-321 . Except as provided in subsection (4) of this section, if the tenant's noncompliance is purposeful, the landlord may recover treble damages.

(4) Treble damages may not be recovered for the tenant's early termination of the tenancy.
Mont. Code Ann. § 70-7-108 — MT Code / Title 70 / Chapter 7 / Part 1 / Section 70-7-108
70-7-108 Use of thing lent -- what permitted
Status: in_force

70-7-108 . Use of thing lent -- what permitted. The borrower of a thing for use may use it for such purposes only as the lender might reasonably anticipate at the time of lending.
Mont. Code Ann. § 70-6-412 — MT Code / Title 70 / Chapter 6 / Part 4 / Section 70-6-412
70-6-412 Application of proceeds of sale
Status: in_force

70-6-412 . Application of proceeds of sale. (1) After paying the expenses of sale, including the publication of notice, the storage or commission merchant or the carrier is authorized, out of the proceeds arising from the sale of the property, to retain the amount due the merchant or carrier for storage or freight, or both, due upon any property, and the excess, if any, must be paid over to the person entitled to the proceeds.

(2) All sales under this part vest the title to the property sold in the purchaser of the property.
Mont. Code Ann. § 70-6-214 — MT Code / Title 70 / Chapter 6 / Part 2 / Section 70-6-214
70-6-214 Delivery of thing owned jointly
Status: in_force

70-6-214 . Delivery of thing owned jointly. If a thing deposited is owned jointly or in common by persons who cannot agree upon the manner of its delivery, the depositary may deliver to each person a proper share of the thing if it can be done without injury to the thing.
Mont. Code Ann. § 70-33-321 — MT Code / Title 70 / Chapter 33 / Part 3 / Section 70-33-321
70-33-321 Tenant to maintain lot
Status: in_force

70-33-321 . Tenant to maintain lot. (1) A tenant shall:

(a) comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;

(b) keep that part of the premises that the tenant occupies and uses as reasonably clean and safe as the condition of the premises permits;

(c) dispose of all ashes, garbage, rubbish, and other waste from the lot in a clean and safe manner;

(d) use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, in the premises;

(e) conduct oneself and require other persons on the premises with the tenant's consent to conduct themselves in a manner that will not disturb the tenant's neighbors' peaceful enjoyment of the premises; and

(f) use the parts of the premises in a reasonable manner considering the purposes for which they were designed and intended.

(2) This section does not preclude the right of the tenant to operate a limited business or cottage industry on the premises, subject to state and local laws, if the landlord has consented in writing. The landlord may not unreasonably withhold consent if the limited business or cottage industry is operated within reasonable rules of the landlord.

(3) A tenant may not destroy, deface, damage, impair, or remove any part of the premises or permit any person to do so.

(4) A tenant may not engage or knowingly allow any person to engage in any activity on the premises that creates a reasonable potential that the premises may be damaged or destroyed or that neighboring tenants may be injured by any of the following:

(a) criminal production or manufacture of dangerous drugs, as prohibited by 45-9-110 ;

(b) operation of an unlawful clandestine laboratory, as prohibited by 45-9-132 ;

(c) gang-related activities, as prohibited by Title 45, chapter 8, part 4;

(d) unlawful possession of a firearm, explosive, or hazardous or toxic substance; or

(e) any activity that is otherwise prohibited by law.
Mont. Code Ann. § 70-24-102 — MT Code / Title 70 / Chapter 24 / Part 1 / Section 70-24-102
70-24-102 Purposes -- liberal construction to promote
Status: in_force

70-24-102 . Purposes -- liberal construction to promote. (1) This chapter shall be liberally construed and applied to promote its underlying purposes and policies.

(2) Underlying purposes and policies of this chapter are to:

(a) simplify, clarify, modernize, and revise the law governing the rental of dwelling units and the rights and obligations of landlords and tenants;

(b) encourage landlords and tenants to maintain and improve the quality of housing; and

(c) create an exclusive regulatory standard throughout the state and its political subdivisions regarding landlord and tenant law.
Mont. Code Ann. § 70-7-106 — MT Code / Title 70 / Chapter 7 / Part 1 / Section 70-7-106
70-7-106 Skill required of borrower
Status: in_force

70-7-106 . Skill required of borrower. A borrower for use is bound to have and to exercise skill in the care of the thing lent that the borrower causes the lender to believe that the borrower possesses.
Mont. Code Ann. § 70-24-403 — MT Code / Title 70 / Chapter 24 / Part 4 / Section 70-24-403
70-24-403 Prohibited provision in rental agreement -- unenforceability -- damages
Status: in_force

70-24-403 . Prohibited provision in rental agreement -- unenforceability -- damages. (1) A provision prohibited by 70-24-202 that is included in a rental agreement is unenforceable.

(2) If a party purposefully uses a rental agreement containing provisions known by the party to be prohibited, the other party may recover, in addition to the other party's actual damages, an amount up to 3 months' periodic rent.
Mont. Code Ann. § 70-29-102 — MT Code / Title 70 / Chapter 29 / Part 1 / Section 70-29-102
70-29-102 Action by minor
Status: in_force

70-29-102 . Action by minor. (1) An action for the partition of real property may not be brought by a minor, except by the written authority of the district judge of the county in which the property or a part of the property is situated. The authority may not be given unless the district judge is satisfied, by affidavit or other competent evidence, that the interests of the minor will be promoted by bringing the action.

(2) A judgment for a partition may not be rendered in an action unless the court is satisfied that the interests of the minor will be promoted and that fact is expressly recited in the judgment.

(3) A guardian ad litem for a minor party, in an action for partition, may be appointed only by the court or judge and shall give an undertaking in a sum fixed by the judge for the faithful discharge of the guardian ad litem's trust. The undertaking must be approved by the judge and filed with the clerk.
Mont. Code Ann. § 70-17-107 — MT Code / Title 70 / Chapter 17 / Part 1 / Section 70-17-107
70-17-107 Apportionment of burden upon partition of dominant tenement
Status: in_force

70-17-107 . Apportionment of burden upon partition of dominant tenement. In case of partition of the dominant tenement, the burden must be apportioned according to the division of the dominant tenement but not in such a way as to increase the burden upon the servient tenement.
Mont. Code Ann. § 70-6-605 — MT Code / Title 70 / Chapter 6 / Part 6 / Section 70-6-605
70-6-605 Renter's personal property -- operator's lien -- rental agreement -- value of contents
Status: in_force

70-6-605 . Renter's personal property -- operator's lien -- rental agreement -- value of contents. (1) The operator of a self-storage facility shall have a lien on all of a renter's personal property located at the self-storage facility for rent, late fees, legal fees, labor, or other charges incurred pursuant to a rental agreement and for expenses incurred for preservation, sale, or disposition of the personal property. The lien established by this subsection has priority over all other liens except for liens that have been perfected and recorded on such personal property and tax liens.

(2) The lien in subsection (1) attaches on the date that the personal property is placed in a leased space.

(3) The rental agreement must contain a statement advising the renter:

(a) of the existence of the lien; and

(b) that personal property stored in the leased space may be sold to satisfy the lien if the renter is in default.

(4) If the rental agreement specifies a limit on the value of personal property that the renter may store in the leased space, the limit must be deemed to be the maximum value of the personal property in the renter's leased space.
Mont. Code Ann. § 70-27-204 — MT Code / Title 70 / Chapter 27 / Part 2 / Section 70-27-204
70-27-204 Amendment of complaint after trial begins
Status: in_force

70-27-204 . Amendment of complaint after trial begins. (1) When, upon the trial of any proceeding under this chapter, it appears from the evidence that the defendant has been guilty of either forcible entry or forcible or unlawful detainer and other than the offense charged in the complaint, the judge must order that such complaint be forthwith amended to conform with such proof. Such amendment must be made without any imposition of terms.

(2) No continuance shall be permitted on account of such amendment unless the defendant by affidavit filed shows to the satisfaction of the court good cause therefor.
Mont. Code Ann. § 70-19-202 — MT Code / Title 70 / Chapter 19 / Part 2 / Section 70-19-202
70-19-202 Abuse of property held jointly or in common -- action -- mining property
Status: in_force

70-19-202 . Abuse of property held jointly or in common -- action -- mining property. If a person assumes and exercises exclusive ownership over or takes away, destroys, lessens in value, or otherwise injures or abuses any property held in joint tenancy or tenancy in common, the party aggrieved has action for the injury in the same manner as the aggrieved party would have if the joint tenancy or tenancy in common did not exist. However, this section does not prevent one cotenant or joint tenant or any number of cotenants or joint tenants acting together from entering on the common property at any point or points not then in the actual occupancy of the nonjoining cotenants or joint tenants and enjoying all rights of occupancy of the property, without waste and, in the case of mining property, from mining the property in a minerlike manner and extracting, milling, and disposing of the ore from the common property, paying its or their own expenses and subject to accounting to the nonjoining cotenant or joint tenant for the net profits of the mining operations. All liens for labor and materials incurred in the mining attach only to the undivided interest or interests of the working cotenants or joint tenants, but nothing in this section prevents or precludes the cotenant or joint tenant, not joining in the operation of the mining property, from receiving the cotenant's or joint tenant's proportionate share of all ore or ores on the dump upon payment or tendering payment of the actual cost of mining the property.
Mont. Code Ann. § 70-1-105 — MT Code / Title 70 / Chapter 1 / Part 1 / Section 70-1-105
70-1-105 Real or personal
Status: in_force

70-1-105 . Real or personal. Property is either:

(1) real or immovable; or

(2) personal or movable.
Mont. Code Ann. § 70-27-109 — MT Code / Title 70 / Chapter 27 / Part 1 / Section 70-27-109
70-27-109 General rules of practice applicable
Status: in_force

70-27-109 . General rules of practice applicable. Except as otherwise provided in this chapter, the provisions of Title 25 are applicable to and constitute the rules of practice mentioned in this chapter.
Mont. Code Ann. § 70-15-104 — MT Code / Title 70 / Chapter 15 / Part 1 / Section 70-15-104
70-15-104 Fixtures attached to mines
Status: in_force

70-15-104 . Fixtures attached to mines. Sluice boxes, flumes, hose, pipes, railway tracks, cars, blacksmith shops, mills, and all other machinery or tools used in working or developing a mine are to be deemed affixed to the mine.
Mont. Code Ann. § 70-21-208 — MT Code / Title 70 / Chapter 21 / Part 2 / Section 70-21-208
70-21-208 In what county to be recorded
Status: in_force

70-21-208 . In what county to be recorded. Instruments entitled to be recorded must be recorded by the county clerk of the county in which the real property affected thereby is situated.
Mont. Code Ann. § 70-6-505 — MT Code / Title 70 / Chapter 6 / Part 5 / Section 70-6-505
70-6-505 Storage of property in outbuilding -- nonliability
Status: in_force

70-6-505 . Storage of property in outbuilding -- nonliability. An innkeeper is not liable for the loss or destruction by fire of the property received by the innkeeper from a guest that is stored or kept with the knowledge of the guest in a barn or other outbuilding if it appears that the loss or destruction is the work of an incendiary and occurred without the fault or negligence of the innkeeper or the innkeeper's servants.
Mont. Code Ann. § 70-19-203 — MT Code / Title 70 / Chapter 19 / Part 2 / Section 70-19-203
70-19-203 Adverse claims under acts of congress
Status: in_force

70-19-203 . Adverse claims under acts of congress. In an action brought to determine the respective rights of claimants to the possession of a mining claim or quartz lode under the provisions of the acts of congress of the United States, it is immaterial which party is in possession, and it is sufficient to confer jurisdiction upon the court if it appears from the pleadings that the application for a patent has been made and an adverse claim thereto filed and allowed in the proper land office, and the verdict or decision must find which party is entitled to the possession of the premises in dispute.
Mont. Code Ann. § 70-31-105 — MT Code / Title 70 / Chapter 31 / Part 1 / Section 70-31-105
70-31-105 Duplication of eminent domain payments not intended
Status: in_force

70-31-105 . Duplication of eminent domain payments not intended. A payment or assistance provided for in this chapter may not be required to be made by an agency if the displaced person receives a payment required under Title 60, chapter 4, or Title 70, chapter 30, that is determined by the agency to have substantially the same purpose and effect as a payment under this chapter.
Mont. Code Ann. § 70-27-201 — MT Code / Title 70 / Chapter 27 / Part 2 / Section 70-27-201
70-27-201 Trial by jury
Status: in_force

70-27-201 . Trial by jury. Whenever an issue of fact is presented by the pleadings, it must be tried by a jury unless such jury be waived as in other cases. The jury shall be formed in the same manner as other trial juries in the court in which the action is pending.
Mont. Code Ann. § 70-22-115 — MT Code / Title 70 / Chapter 22 / Part 1 / Section 70-22-115
70-22-115 Monument preservation
Status: in_force

70-22-115 . Monument preservation. (1) A public or private entity or person shall, before engaging in activity that will or is likely to disturb or destroy a monument or the accessories to a monument, require the following activities to be performed by a professional land surveyor, as defined in 37-67-101 , or a qualified person under the direct supervision of a professional land surveyor:

(a) locate and reference the monument or the accessories to the monument; and

(b) file a corner record showing the location of the references to the monument or to the accessories to the monument as required in 70-22-104 and 70-22-105 .

(2) A public or private entity or person shall, within 30 days of completing activity that has disturbed or destroyed a monument or the accessories to a monument, require the following activities to be performed by a professional land surveyor, as defined in 37-67-101 , or a qualified person under the direct supervision of a professional land surveyor:

(a) restore or replace the monument or the accessories to the monument, using the references established in subsection (1)(b); and

(b) file a new corner record as required in 70-22-104 and 70-22-105 .
Mont. Code Ann. § 70-23-507 — MT Code / Title 70 / Chapter 23 / Part 5 / Section 70-23-507
70-23-507 Restriction on covenants by association of unit owners
Status: in_force

70-23-507 . Restriction on covenants by association of unit owners. An association of unit owners shall abide by the provisions of 70-17-901 .
Mont. Code Ann. § 70-21-213 — MT Code / Title 70 / Chapter 21 / Part 2 / Section 70-21-213
70-21-213 Taxes paid before recording division or merger of real property
Status: in_force

70-21-213 . Taxes paid before recording division or merger of real property. An instrument or deed evidencing either a division of real property or a merger of real property may not be accepted for recordation unless accompanied by a certification from the county treasurer that taxes and special assessments that have been assessed and levied have been paid.
Mont. Code Ann. § 70-16-703 — MT Code / Title 70 / Chapter 16 / Part 7 / Section 70-16-703
70-16-703 Mold disclosure statement on real estate documents -- disclosure of prior testing -- immunity from liability
Status: in_force

70-16-703 . Mold disclosure statement on real estate documents -- disclosure of prior testing -- immunity from liability. (1) A mold disclosure statement may be provided on at least one document, form, or application executed prior to or contemporaneously with an offer for the purchase and sale, rental, or lease of inhabitable real property. The seller, landlord, seller's agent, buyer's agent, or property manager may provide the following disclosure statement to the buyer or tenant, and the buyer or tenant shall acknowledge receipt of this disclosure statement by signing a copy of the disclosure statement:

"MOLD DISCLOSURE: There are many types of mold. Inhabitable properties are not, and cannot be, constructed to exclude mold. Moisture is one of the most significant factors contributing to mold growth. Information about controlling mold growth may be available from your county extension agent or health department. Certain strains of mold may cause damage to property and may adversely affect the health of susceptible persons, including allergic reactions that may include skin, eye, nose, and throat irritation. Certain strains of mold may cause infections, particularly in individuals with suppressed immune systems. Some experts contend that certain strains of mold may cause serious and even life-threatening diseases. However, experts do not agree about the nature and extent of the health problems caused by mold or about the level of mold exposure that may cause health problems. The Centers for Disease Control and Prevention is studying the link between mold and serious health conditions. The seller, landlord, seller's agent, buyer's agent, or property manager cannot and does not represent or warrant the absence of mold. It is the buyer's or tenant's obligation to determine whether a mold problem is present. To do so, the buyer or tenant should hire a qualified inspector and make any contract to purchase, rent, or lease contingent upon the results of that inspection. A seller, landlord, seller's agent, buyer's agent, or property manager who provides this mold disclosure statement, provides for the disclosure of any prior testing and any subsequent mitigation or treatment for mold, and discloses any knowledge of mold is not liable in any action based on the presence of or propensity for mold in a building that is subject to any contract to purchase, rent, or lease."

(2) Whenever a seller or landlord or an agent of either has knowledge that a building has mold present, the seller, landlord, or agent of either shall, prior to or upon entry into a contract for the purchase, rent, or lease, disclose to the buyer or renter the presence of the mold. Whenever a seller or landlord knows that a building has been tested for mold, the seller or landlord, prior to or upon entry into a contract for the purchase, rent, or lease of that building, shall advise the buyer or tenant that testing has occurred and shall provide to the buyer or tenant a copy of the results of that test, if available to the seller or landlord, and evidence of any subsequent mitigation or treatment. A prospective buyer or tenant who contracts for the testing may receive the results of that testing and shall provide a copy of the results of that test, if available, to the seller or landlord. The furnishing of test results and evidence of mitigation or treatment is not to be construed as a promise, warranty, or representation of any sort by the seller, landlord, seller's agent, buyer's agent, or property manager that the test results are accurate or that the mitigation or treatment is effective. This section does not create a contingency on the purchase of the property or any right to rescind a contract for purchase unless the contingency or right to rescind is an express term of the applicable contract.

(3) A seller, landlord, seller's agent, buyer's agent, or property manager who provides the disclosure in subsection (1) and complies with subsection (2) is not liable in any action based on the presence of or propensity for mold in the building.
Mont. Code Ann. § 70-2-111 — MT Code / Title 70 / Chapter 2 / Part 1 / Section 70-2-111
70-2-111 Wild animals
Status: in_force

70-2-111 . Wild animals. Animals wild by nature are the subjects of ownership, while living, only when on the land of the person claiming them or when tamed or taken or held in the possession or disabled and immediately pursued.
Mont. Code Ann. § 70-30-321 — MT Code / Title 70 / Chapter 30 / Part 3 / Section 70-30-321
70-30-321 Sale of property acquired for public use when use abandoned -- procedure
Status: in_force

70-30-321 . Sale of property acquired for public use when use abandoned -- procedure. (1) Except as provided in subsection (3), whenever a person who has acquired a real property interest for a public use, whether by right of eminent domain or otherwise, abandons the public use and places the property interest for sale, the seller may sell the interest to the highest bidder at public auction.

(2) If the seller decides to sell an interest in real property as set forth in subsection (1), the seller shall publish notice of the public sale in a newspaper published in the county in which the real property is located once a week for 4 successive weeks. The sale must be held in the county where the real property is located. The notice of sale must contain the information required by 77-2-322 .

(3) When an interest, other than a fee simple interest, in property that has been acquired for a public purpose by right of eminent domain, or otherwise, is abandoned or when the purpose for which it was acquired is terminated, the property reverts to the original owner or the original owner's successor in interest.
Mont. Code Ann. § 70-4-204 — MT Code / Title 70 / Chapter 4 / Part 2 / Section 70-4-204
70-4-204 Use of materials without consent -- owner prevails
Status: in_force

70-4-204 . Use of materials without consent -- owner prevails. Title 70, chapter 4, part 1, and 70-4-201 through 70-4-203 are not applicable to cases in which one willfully uses the materials of another without the other's consent, but in those cases, the product belongs to the owner of material if its identity can be traced.
Mont. Code Ann. § 70-26-108 — MT Code / Title 70 / Chapter 26 / Part 1 / Section 70-26-108
70-26-108 Rent dependent on life -- recovery
Status: in_force

70-26-108 . Rent dependent on life -- recovery. Rent dependent on the life of a person may be recovered after as well as before the person's death.
Mont. Code Ann. § 70-24-429 — MT Code / Title 70 / Chapter 24 / Part 4 / Section 70-24-429
70-24-429 Holdover remedies -- consent to continued occupancy -- tenant's response to service in action for possession
Status: in_force

70-24-429 . Holdover remedies -- consent to continued occupancy -- tenant's response to service in action for possession. (1) If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession.

(2) If the term is longer than month-to-month and the landlord terminates the rental agreement with cause and the tenant's holdover is purposeful and not in good faith, the landlord may recover an amount not more than 3 months' periodic rent or treble damages, whichever is greater.

(3) If the term of the rental is month-to-month and the landlord terminates the rental agreement without cause and issues a lawful 30-day notice and the tenant remains in the rental unit after the termination date, then the holdover is purposeful and the landlord may recover an amount not more than 3 months' periodic rent or treble damages, whichever is greater.

(4) In an action for possession or unlawful holdover, the provisions of the Montana Justice and City Court Rules of Civil Procedure, Title 25, chapter 23, apply, except that the time for filing an answer under Rule 4C(2)(b) is 5 business days after service of summons and complaint, exclusive of the date of service.

(5) If the landlord consents to the tenant's continued occupancy, 70-24-201 (2)(e) applies.
Mont. Code Ann. § 70-18-201 — MT Code / Title 70 / Chapter 18 / Part 2 / Section 70-18-201
70-18-201 Alluvion or accretion -- increase of bank
Status: in_force

70-18-201 . Alluvion or accretion -- increase of bank. Where from natural causes land forms by imperceptible degrees upon the bank of a river or stream, navigable or not navigable, either by accumulation of material or by the recession of the stream, such land belongs to the owner of the bank, subject to any existing right-of-way over the bank.
Mont. Code Ann. § 70-28-303 — MT Code / Title 70 / Chapter 28 / Part 3 / Section 70-28-303
70-28-303 Notice requirements
Status: in_force

70-28-303 . Notice requirements. Upon petition by a claimant for a deed to a lot on entry townsite land, the claimant shall provide published notice of the claim, notice filed with the county clerk and recorder, and personal service as may be required for quiet title actions under Title 70, chapter 28, part 1.
Mont. Code Ann. § 70-23-101 — MT Code / Title 70 / Chapter 23 / Part 1 / Section 70-23-101
70-23-101 Short title
Status: in_force

70-23-101 . Short title. This chapter may be cited as the "Unit Ownership Act".
Mont. Code Ann. § 70-6-604 — MT Code / Title 70 / Chapter 6 / Part 6 / Section 70-6-604
70-6-604 Operator inspection -- repair -- emergency
Status: in_force

70-6-604 . Operator inspection -- repair -- emergency. (1) An operator must notify the renter by telephone, regular mail, or electronic mail at least 3 days before entering a leased space for the purpose of inspection or repair. An operator shall disclose to the renter the nature of the inspection or repair.

(2) In the event of an emergency, an operator may enter a leased space for inspection or repair without notice to or consent from the renter. An operator who enters a leased space in the event of an emergency shall notify the renter by telephone, regular mail, or electronic mail within 48 hours after the incident:

(a) that the operator entered the leased space; and

(b) of the nature of the emergency.

(3) An operator shall maintain a record of instances of entering a leased space for inspection, repair, or emergency.

(4) A notice sent by regular mail is considered delivered when postmarked and properly addressed with postage paid. A notice sent by electronic mail is considered delivered on the date the electronic mail is sent to the last-known address provided by the renter.
Mont. Code Ann. § 70-22-106 — MT Code / Title 70 / Chapter 22 / Part 1 / Section 70-22-106
70-22-106 Filing of records on corners established before effective date
Status: in_force

70-22-106 . Filing of records on corners established before effective date. Corner records may be filed concerning corners established, reestablished, or restored before July 1, 1963.
Mont. Code Ann. § 70-1-511 — MT Code / Title 70 / Chapter 1 / Part 5 / Section 70-1-511
70-1-511 Delivery in escrow
Status: in_force

70-1-511 . Delivery in escrow. A grant may be deposited by the grantor with a third person, to be delivered on performance of a condition, and on delivery by the depositary, it will take effect. While in the possession of the third person and subject to condition, it is called an escrow.
Mont. Code Ann. § 70-20-102 — MT Code / Title 70 / Chapter 20 / Part 1 / Section 70-20-102
70-20-102 Exceptions to statute of frauds
Status: in_force

70-20-102 . Exceptions to statute of frauds. Section 70-20-101 may not be construed to:

(1) affect the power of a testator in the disposition of the testator's real property by a last will and testament;

(2) prevent any trust from arising or being extinguished by implication or operation of law; or

(3) abridge the power of any court to compel the specific performance of an agreement, in case of partial performance of the agreement.
Mont. Code Ann. § 70-22-101 — MT Code / Title 70 / Chapter 22 / Part 1 / Section 70-22-101
70-22-101 Short title
Status: in_force

70-22-101 . Short title. This part may be cited as the "Corner Recordation Act of Montana".
Mont. Code Ann. § 70-16-105 — MT Code / Title 70 / Chapter 16 / Part 1 / Section 70-16-105
70-16-105 Remedy of person having remainder or reversion
Status: in_force

70-16-105 . Remedy of person having remainder or reversion. A person having an estate in fee in remainder or reversion may maintain an action for any injury done to the inheritance, notwithstanding an intervening estate for life or years and although, after its commission, the person's estate is transferred and the person does not have an interest in the property at the commencement of the action.
Mont. Code Ann. § 70-33-428 — MT Code / Title 70 / Chapter 33 / Part 4 / Section 70-33-428
70-33-428 Landlord's recovery of possession limited
Status: in_force

70-33-428 . Landlord's recovery of possession limited. Except in the case of abandonment or surrender or as permitted in this chapter, a landlord may not recover or take possession of the lot by action or otherwise, including purposeful diminution of services to the tenant by interrupting or causing the interruption of running water, electricity, gas, or other essential services.
Mont. Code Ann. § 70-17-105 — MT Code / Title 70 / Chapter 17 / Part 1 / Section 70-17-105
70-17-105 Who may not hold servitude
Status: in_force

70-17-105 . Who may not hold servitude. A servitude thereon cannot be held by the owner of the servient tenement.
Mont. Code Ann. § 70-24-110 — MT Code / Title 70 / Chapter 24 / Part 1 / Section 70-24-110
70-24-110 Landlords and tenants -- no firearm prohibition allowed
Status: in_force

70-24-110 . Landlords and tenants -- no firearm prohibition allowed. A landlord or operator of a hotel or motel may not, by contract or otherwise, prevent a tenant or a guest of a tenant from possessing on the premises a firearm that it is legal for the tenant or guest to possess. A landlord or operator of a hotel or motel may prohibit the discharge of a firearm on the premises except in self-defense.
Mont. Code Ann. § 70-19-413 — MT Code / Title 70 / Chapter 19 / Part 4 / Section 70-19-413
70-19-413 Certain disabilities to suspend running of statutory period
Status: in_force

70-19-413 . Certain disabilities to suspend running of statutory period. (1) Subsection (2) applies if a person entitled to commence an action for the recovery of real property or for the recovery of the possession of real property or to make any entry or defense founded on the title to real property or to rents or services out of the same is, at the same time the title first descends or accrues:

(a) under the age of majority;

(b) committed pursuant to 53-21-127 ; or

(c) imprisoned on a criminal charge or in execution upon conviction of a criminal offense for a term of less than for life.

(2) The time during which disability continues is not considered any portion of the time in this chapter limited for the commencement of the action or the making of the entry or defense. The action may be commenced or entry or defense made within the period of 5 years after the disability ceases or after the death of the person entitled who dies under the disability, but the action may not be commenced or entry or defense made after that period.
Mont. Code Ann. § 70-21-302 — MT Code / Title 70 / Chapter 21 / Part 3 / Section 70-21-302
70-21-302 Recording as constructive notice -- effect of recording copy in other county
Status: in_force

70-21-302 . Recording as constructive notice -- effect of recording copy in other county. (1) Every conveyance of real property acknowledged or proved and certified and recorded as prescribed by law, from the time it is filed with the county clerk for record, is constructive notice of the contents thereof to subsequent purchasers and mortgagees.

(2) A certified copy of any such recorded conveyance may be recorded in any other county, and when so recorded the record thereof shall have the same force and effect as though it was of the original conveyance.
Mont. Code Ann. § 70-28-107 — MT Code / Title 70 / Chapter 28 / Part 1 / Section 70-28-107
70-28-107 Jurisdiction acquired by service -- complete adjudication -- judgment
Status: in_force

70-28-107 . Jurisdiction acquired by service -- complete adjudication -- judgment. (1) Upon the service of summons on all defendants, known and unknown, in the manner provided in Rule 4, M.R.Civ.P., the court in which such action is tried shall have jurisdiction to make a complete adjudication of the title to the lands named in the complaint and the title to which is sought to be quieted, including jurisdiction to direct:

(a) the cancellation of instruments constituting clouds upon such title;

(b) the execution of conveyances where it appears that any party to such action should execute such conveyance or conveyances;

(c) the execution of satisfactions of mortgages and other apparent liens upon such land or any part thereof; or

(d) the doing of any other act of a personal nature necessary to give effect to the rights of the respective parties to such action, as the same may be adjudicated by the court.

(2) When any judgment or decree shall be rendered in such action for a conveyance, release, or acquittance, as above mentioned, and the party or parties against whom the judgment or decree shall be rendered do not comply therewith within the time specified in said judgment or decree for such compliance, such judgment or decree shall have the same operation and effect and be as available as if the conveyance, release, or acquittance had been executed conformably to such judgment or decree.
Mont. Code Ann. § 70-29-105 — MT Code / Title 70 / Chapter 29 / Part 1 / Section 70-29-105
70-29-105 Who may be joined as defendants
Status: in_force

70-29-105 . Who may be joined as defendants. (1) The plaintiff may make a tenant in dower, for life or for years, of the entire property or a creditor or other person having a lien or interest that attaches to the entire property a defendant in the action. In that case the final judgment may either award to a party the party's entire right and interest or the proceeds of the right or interest or may reserve and leave unaffected the party's right or interest or any portion of the right or interest.

(2) A person specified in this section who is not made a party is not affected by the judgment in the action.
Mont. Code Ann. § 70-6-601 — MT Code / Title 70 / Chapter 6 / Part 6 / Section 70-6-601
70-6-601 Short title
Status: in_force

70-6-601 . Short title. This part may be cited as the "Self-Storage Facilities Act".
Mont. Code Ann. § 70-17-201 — MT Code / Title 70 / Chapter 17 / Part 2 / Section 70-17-201
70-17-201 Nature and effect
Status: in_force

70-17-201 . Nature and effect. Certain covenants contained in grants of estates in real property are appurtenant to such estates and pass with them so as to bind the assigns of the covenantor and to vest in the assigns of the covenantee in the same manner as if they had personally entered into them. Such covenants are said to run with the land.
Mont. Code Ann. § 70-24-404 — MT Code / Title 70 / Chapter 24 / Part 4 / Section 70-24-404
70-24-404 Unconscionability -- court discretion to refuse enforcement
Status: in_force

70-24-404 . Unconscionability -- court discretion to refuse enforcement. (1) Except as provided in subsection (2), if the court, as a matter of law, finds that:

(a) a rental agreement or any provision of the rental agreement is unconscionable, the court may refuse to enforce the agreement or enforce the remainder of the agreement without the unconscionable provision to avoid an unconscionable result; or

(b) a settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement is unconscionable, the court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result.

(2) A finding pursuant to subsection (1) may not be made based on a responsibility outlined in a rental agreement that:

(a) a tenant maintain a dwelling unit in accordance with 70-24-321 ; or

(b) a landlord maintain the premises in accordance with 70-24-303 .

(3) If unconscionability is put into issue by a party or by the court upon its own motion, the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose, and effect of the rental agreement or settlement to aid the court in making the determination.
Mont. Code Ann. § 70-19-102 — MT Code / Title 70 / Chapter 19 / Part 1 / Section 70-19-102
70-19-102 Action affecting title or possession -- filing as constructive notice
Status: in_force

70-19-102 . Action affecting title or possession -- filing as constructive notice. (1) In an action affecting the title or right of possession of real property or in an action between husband and wife, the plaintiff, at the time of filing the complaint, and the defendant, at the time of filing the answer, when affirmative relief is claimed in the answer, or at any time afterward may file in the office of the clerk and recorder of the county in which the property is situated a notice of the pendency of the action containing the names of the parties and the object of the action or defense and a description of the property in that county affected by the action or defense.

(2) From the time of filing of the notice only is a purchaser or encumbrancer of the property affected considered to have constructive notice of the pendency of the action and only of its pendency against parties designated by their real names.
Mont. Code Ann. § 70-29-305 — MT Code / Title 70 / Chapter 29 / Part 3 / Section 70-29-305
70-29-305 Court to direct terms of credit and investment
Status: in_force

70-29-305 . Court to direct terms of credit and investment. The court must, in the order of sale, direct the terms of credit which may be allowed for the purchase money of any portion of the premises of which it may direct a sale on credit and for that portion of which the purchase money is required by the provisions herein contained to be invested for the benefit of unknown owners, minors, or parties out of this state.
Mont. Code Ann. § 70-16-208 — MT Code / Title 70 / Chapter 16 / Part 2 / Section 70-16-208
70-16-208 Partition fence when common occupancy ceases
Status: in_force

70-16-208 . Partition fence when common occupancy ceases. Whenever any lands belonging to different persons in severalty have been enclosed and occupied in common or without a partition fence between them and one of the occupants desires to occupy that occupant's part in severalty, the other occupant shall, within 6 months after being notified in writing, build and maintain the other occupant's proportion of the partition fence as may be necessary for that purpose, and in case of neglect or refusal so to do, the person giving the notice may build the fence at the expense of the person neglecting or refusing. The amount expended may be recovered in an action, together with all damages that person may sustain on account of the neglect or refusal.
Mont. Code Ann. § 70-5-105 — MT Code / Title 70 / Chapter 5 / Part 1 / Section 70-5-105
70-5-105 Compensation of finder
Status: in_force

70-5-105 . Compensation of finder. The finder of a thing is entitled to compensation for all expenses necessarily incurred by the finder in its preservation and for any other service necessarily performed by the finder about it and to a reasonable reward for keeping it.
Mont. Code Ann. § 70-1-516 — MT Code / Title 70 / Chapter 1 / Part 5 / Section 70-1-516
70-1-516 Interpretation against grantor -- exception
Status: in_force

70-1-516 . Interpretation against grantor -- exception. A grant is to be interpreted in favor of the grantee, except that a reservation in any grant and every grant by a public officer or body, as such, to a private party is to be interpreted in favor of the grantor.
Mont. Code Ann. § 70-19-412 — MT Code / Title 70 / Chapter 19 / Part 4 / Section 70-19-412
70-19-412 Relation of landlord and tenant as affecting adverse possession
Status: in_force

70-19-412 . Relation of landlord and tenant as affecting adverse possession. When the relation of landlord and tenant has existed between any persons, the possession of the tenant is considered the possession of the landlord until the expiration of 5 years from the termination of the tenancy or, when there has been no written lease, until the expiration of 5 years from the time of the last payment of rent, notwithstanding that the tenant may have acquired another title or may have claimed to hold adversely to the landlord. However, the enumerated presumptions may not be made after the periods prescribed in this section.
Mont. Code Ann. § 70-24-302 — MT Code / Title 70 / Chapter 24 / Part 3 / Section 70-24-302
70-24-302 Landlord to deliver possession of dwelling unit
Status: in_force

70-24-302 . Landlord to deliver possession of dwelling unit. (1) At the commencement of the term, a landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and 70-24-303 . A landlord may bring an action for possession against a person wrongfully in possession.

(2) If a landlord accepts rent or a deposit from a person intending to occupy the premises, the landlord is considered to have given consent for the person to take possession of the property and to have created a landlord-tenant relationship.
Mont. Code Ann. § 70-15-301 — MT Code / Title 70 / Chapter 15 / Part 3 / Section 70-15-301
70-15-301 Power defined
Status: in_force

70-15-301 . Power defined. A "power", as the term is used in this part, is an authority to do some act in relation to real property or to the creation or revocation of an estate in or a charge on the real property that the owner granting or reserving the power might personally perform for any purpose.
Mont. Code Ann. § 70-16-301 — MT Code / Title 70 / Chapter 16 / Part 3 / Section 70-16-301
70-16-301 Recreational purposes defined
Status: in_force

70-16-301 . Recreational purposes defined. "Recreational purposes", as used in this part, includes hunting, fishing, swimming, boating, waterskiing, camping, picnicking, pleasure driving, biking, winter sports, hiking, touring or viewing cultural and historical sites and monuments, spelunking, or other pleasure expeditions. The term includes the private, noncommercial flying of aircraft in relation to private land.
Mont. Code Ann. § 70-6-102 — MT Code / Title 70 / Chapter 6 / Part 1 / Section 70-6-102
70-6-102 Voluntary deposit -- how made
Status: in_force

70-6-102 . Voluntary deposit -- how made. A voluntary deposit is made by one giving to another, with the other's consent, the possession of personal property to keep for the benefit of the former or of a third party. The person giving is called the depositor and the person receiving the depositary.
Mont. Code Ann. § 70-26-107 — MT Code / Title 70 / Chapter 26 / Part 1 / Section 70-26-107
70-26-107 Remedy for rent on lease for life
Status: in_force

70-26-107 . Remedy for rent on lease for life. Rent due upon a lease for life may be recovered in the same manner as upon a lease for years.
Mont. Code Ann. § 70-17-104 — MT Code / Title 70 / Chapter 17 / Part 1 / Section 70-17-104
70-17-104 Who may grant servitude
Status: in_force

70-17-104 . Who may grant servitude. A servitude can be created only by one who has a vested estate in the servient tenement.
Mont. Code Ann. § 70-29-405 — MT Code / Title 70 / Chapter 29 / Part 4 / Section 70-29-405
70-29-405 Referees
Status: in_force

70-29-405 . Referees. If the court appoints referees pursuant to 70-29-202 , each referee, in addition to the requirements and disqualifications applicable to referees in Title 70, chapter 29, part 2, must be disinterested and impartial and not a party to or a participant in the action.
Mont. Code Ann. § 70-33-102 — MT Code / Title 70 / Chapter 33 / Part 1 / Section 70-33-102
70-33-102 Purpose -- liberal construction
Status: in_force

70-33-102 . Purpose -- liberal construction. (1) This chapter must be liberally construed and applied to promote the underlying purposes and policies of this chapter.

(2) The underlying purposes and policies of this chapter are to:

(a) simplify and clarify the law governing the rental of land to owners of mobile homes and manufactured homes and the rights and obligations of landlords and tenants concerning lot rentals;

(b) encourage landlords and tenants to maintain and improve the quality of housing; and

(c) create an exclusive regulatory standard throughout the state and its political subdivisions regarding the rental of land to owners of mobile homes and manufactured homes.
Mont. Code Ann. § 70-17-302 — MT Code / Title 70 / Chapter 17 / Part 3 / Section 70-17-302
70-17-302 Content of solar easements
Status: in_force

70-17-302 . Content of solar easements. An instrument creating a solar easement must specify at least:

(1) the vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property subject to the solar easement; and

(2) any terms or conditions under which the solar easement is granted or will be terminated.
Mont. Code Ann. § 70-1-302 — MT Code / Title 70 / Chapter 1 / Part 3 / Section 70-1-302
70-1-302 Ownership -- absolute or qualified
Status: in_force

70-1-302 . Ownership -- absolute or qualified. The ownership of property is either:

(1) absolute; or

(2) qualified.
Mont. Code Ann. § 70-15-302 — MT Code / Title 70 / Chapter 15 / Part 3 / Section 70-15-302
70-15-302 Who may not execute power
Status: in_force

70-15-302 . Who may not execute power. A power cannot be executed by any person not capable of disposing of real property.
Mont. Code Ann. § 70-18-101 — MT Code / Title 70 / Chapter 18 / Part 1 / Section 70-18-101
70-18-101 Fixture attached by other -- accession by owner
Status: in_force

70-18-101 . Fixture attached by other -- accession by owner. When a person affixes the person's property to the land of another without an agreement permitting the person to remove it, the thing affixed, except as provided in 70-18-102 and in the Uniform Commercial Code, belongs to the owner of the land unless the owner of the land chooses to require the person to remove it.
Mont. Code Ann. § 70-27-113 — MT Code / Title 70 / Chapter 27 / Part 1 / Section 70-27-113
70-27-113 Complaint and summons
Status: in_force

70-27-113 . Complaint and summons. (1) The plaintiff's complaint, which must be in writing, must set forth the facts on which the plaintiff seeks to recover and describe the premises with reasonable certainty. The complaint may set forth any circumstances of fraud, force, or violence that may have accompanied the alleged forcible entry or forcible or unlawful detainer and claim damages. If the unlawful detainer is charged after default in the payment of rent, the complaint must state the amount of rent.

(2) Upon filing the complaint, a summons must be issued on the complaint as in other cases.
Mont. Code Ann. § 70-30-207 — MT Code / Title 70 / Chapter 30 / Part 2 / Section 70-30-207
70-30-207 Appointment of condemnation commissioners -- affidavit -- compensation
Status: in_force

70-30-207 . Appointment of condemnation commissioners -- affidavit -- compensation. (1) Within 30 days of entry of a preliminary condemnation order, the condemnee shall file a statement of the condemnee's claim of just compensation. If within 20 days of service of the condemnee's claim the condemnor fails to accept the claim, the court shall appoint condemnation commissioners. The commission hearing may be waived by written consent of both parties, in which case the proceeding must be conducted in the district court as if the case had been appealed from an award by the commissioners.

(2) The court shall appoint three qualified, disinterested condemnation commissioners, unless appointment has been waived. One of the commissioners must be nominated by the condemnor. One of the commissioners must be nominated by the condemnee. The third commissioner is the presiding officer and must be nominated by the two commissioners previously nominated. However, if the two commissioners fail to make the choice at the time of their appointment, then the nomination must be made by the presiding judge.

(3) Each commissioner:

(a) must have sufficient knowledge of the English language;

(b) must be a resident of a county within the judicial district in which the action is pending;

(c) may not be related within the sixth degree of consanguinity to any party; and

(d) may not stand in the relation of guardian and ward, master and servant, debtor and creditor, principal and agent, or partner or surety to any party.

(4) At the time of the meeting and nominations, there must be filed with the court by each nominating party or judge an affidavit of the person nominated stating substantially the following:

(a) that the person has not formed an unqualified opinion or belief as to the compensation to be awarded in the proceeding or as to the fairness or unfairness of the condemnor's offer for the lands and improvements of the condemnee;

(b) that the person has no enmity against or bias in favor of any party and has not discussed, communicated, overheard, or read any discussion or communication from any party relating to values of the lands in question or the compensation offered, demanded, or to be awarded;

(c) that if selected as a condemnation commissioner, the person is willing to serve and will try the issues of compensation and render a decision according to the evidence and in compliance with the instructions of the court; and

(d) that the person will not discuss the case with anyone except the other commissioners until a decision has been filed with the court.

(5) The court shall specify the compensation of the condemnation commissioners, which may not exceed $250 for each hearing day, including expenses. The condemnor shall pay the compensation of the commissioners.
Mont. Code Ann. § 70-30-311 — MT Code / Title 70 / Chapter 30 / Part 3 / Section 70-30-311
70-30-311 Putting condemnor in possession
Status: in_force

70-30-311 . Putting condemnor in possession. (1) At any time after the filing of the preliminary condemnation order pursuant to 70-30-206 or an order as provided in 60-4-104 (4) and (5) and while it retains jurisdiction, the court upon application of the condemnor may make an order that:

(a) upon payment into court of the amount of compensation claimed by the condemnee in the condemnee's statement of claim of just compensation under 70-30-207 or the amount assessed either by the commissioners or by the jury, the condemnor is authorized:

(i) if already in possession of the property of the condemnee that is sought to be taken, to continue in possession; or

(ii) if not in possession, to take possession of the property and use and possess the property during the pendency and until the final conclusion of the proceedings and litigation; and

(b) all actions and proceedings against the condemnor on account of the possession are stayed until the final conclusion of the proceedings and litigation.

(2) If the condemnee fails to file a statement of claim of just compensation within the time specified in 70-30-207 , the condemnor may obtain an order for possession provided for in subsection (1), subject to the condition subsequent that a condemnor's payment into court must be made within 10 days of receipt of the condemnee's statement of claim.

(3) However, when an appeal is taken by the condemnee, the court may require the condemnor before continuing or taking possession, in addition to paying into court the amount assessed, to give a bond or undertaking with sufficient sureties approved by the court and in an amount that the court may direct, conditioned to pay the condemnee any additional damages and costs above the amount assessed, which is finally determined as the amount that the condemnee is entitled to for the taking of the property, and all damages that the condemnee may sustain if for any cause the property is not finally taken for public use.

(4) The amount assessed by the commissioners or by the jury on appeal is considered, for the purposes of this section and until reassessed or changed in the further proceedings, as just compensation for the property taken. However, the condemnor, by payment into court of the amount claimed in the answer or the amount assessed or by giving security as provided in subsection (3), may not be prevented from appealing from the assessment but may appeal in the same manner and with the same effect as if money had not been deposited or security had not been given.

(5) (a) Subject to subsection (5)(b), in all cases in which the condemnor deposits the amount of the assessment and continues in possession or takes possession of the property, as provided in this section, the condemnee, if there is no dispute as to the ownership of the property, may at any time demand and receive upon order of the court all or any part of the money deposited. The demand or receipt may not preclude the condemnee's right of appeal from the assessment. However, if the amount of the assessment is finally reduced on appeal by either party, the condemnee who has received all or any part of the amount deposited is liable to the condemnor for any excess of the amount received over the amount finally assessed, with legal interest on the excess from the time the condemnee received the money deposited. The excess, plus interest, may be recovered by a civil action. Upon any appeal from an assessment by the commissioners to a jury, the jury may make a finding for any amount that it considers appropriate.

(b) The court may not order the delivery to any condemnee of more than 75% of the money deposited on the condemnee's account except upon posting of bond by the condemnee equal to the amount in excess of 75%, with sureties to be approved by the court, to repay to the condemnor amounts withdrawn that are in excess of the condemnee's final award in the proceedings.
Mont. Code Ann. § 70-1-315 — MT Code / Title 70 / Chapter 1 / Part 3 / Section 70-1-315
70-1-315 Interest as to time of enjoyment
Status: in_force

70-1-315 . Interest as to time of enjoyment. In respect to the time of enjoyment, an interest in property is either:

(1) present or future; and

(2) perpetual or limited.
Mont. Code Ann. § 70-1-419 — MT Code / Title 70 / Chapter 1 / Part 4 / Section 70-1-419
70-1-419 Future interest not void for improbable contingency
Status: in_force

70-1-419 . Future interest not void for improbable contingency. A future interest is not void merely because of the improbability of the contingency on which it is limited to take effect.
Mont. Code Ann. § 70-4-205 — MT Code / Title 70 / Chapter 4 / Part 2 / Section 70-4-205
70-4-205 Owner of materials wrongfully used -- election of remedies
Status: in_force

70-4-205 . Owner of materials wrongfully used -- election of remedies. If a person whose material has been used without the person's knowledge in order to form a product of a different description can claim an interest in the product, the person has an option to demand either restitution of the person's material in kind, in the same quantity, weight, measure, and quality, or the value of the material or, if the person is entitled to the product, the value of the product in place of the product.
Mont. Code Ann. § 70-9-815 — MT Code / Title 70 / Chapter 9 / Part 8 / Section 70-9-815
70-9-815 Filing claim with administrator -- handling of claims by administrator -- exception
Status: in_force

70-9-815 . Filing claim with administrator -- handling of claims by administrator -- exception. (1) Except as provided in subsection (5), a person, excluding another state, claiming property paid or delivered to the administrator may file a claim on a form prescribed by the administrator and verified by the claimant.

(2) Within 90 days after a claim is filed, the administrator shall allow or deny the claim and give written notice of the decision to the claimant. If the claim is denied, the administrator shall inform the claimant of the reasons for the denial and specify what additional evidence is required before the claim will be allowed. The claimant may then file a new claim with the administrator or maintain an action under 70-9-816 .

(3) Within 30 days after a claim is allowed, the property or the net proceeds of a sale of the property must be delivered or paid by the administrator to the claimant, together with any dividend, interest, or other increment to which the claimant is entitled under 70-9-812 .

(4) A holder that pays the owner for property that has been delivered to the state and that, if claimed from the administrator by the owner, would be subject to an increment under 70-9-812 may recover from the administrator the amount of the increment.

(5) The administrator may waive the requirement in subsection (1) and may pay or deliver property directly to a person if:

(a) the person receiving the payment or property is shown to be the apparent owner included on a report filed under this part;

(b) the administrator reasonably believes the person is entitled to receive the payment or property and has validated the identity and address of the person receiving the payment or property; and

(c) the property has a value of $1,000 or less.

(6) If the administrator waives the requirement in subsection (1) and pays or delivers property directly to a person under subsection (5), the administrator shall document and keep record:

(a) of the proof of ownership as provided in subsection (5)(a);

(b) of the proof of identity as provided in subsection (5)(b); and

(c) that the property was returned to the owner.
Mont. Code Ann. § 70-20-103 — MT Code / Title 70 / Chapter 20 / Part 1 / Section 70-20-103
70-20-103 Form of grant
Status: in_force

70-20-103 . Form of grant. A grant of an estate in real property may be made in substance as follows:

"I, A.B., in consideration of .... dollars paid, grant to C.D. all the real property situated in (insert name of county) County, state of Montana, described as follows: (Here insert description, or if the land sought to be conveyed has a descriptive name, it may be described by the name as, for instance, "the Norris ranch".)

Witness my hand this (insert day) day of (insert month), 20...

...........

A.B."
Mont. Code Ann. § 70-1-509 — MT Code / Title 70 / Chapter 1 / Part 5 / Section 70-1-509
70-1-509 Presumption of delivery
Status: in_force

70-1-509 . Presumption of delivery. A grant duly executed is presumed to have been delivered at its date.
Mont. Code Ann. § 70-1-321 — MT Code / Title 70 / Chapter 1 / Part 3 / Section 70-1-321
70-1-321 Limited interest -- duration
Status: in_force

70-1-321 . Limited interest -- duration. A limited interest has a duration of less than that of the property.
Mont. Code Ann. § 70-24-408 — MT Code / Title 70 / Chapter 24 / Part 4 / Section 70-24-408
70-24-408 Purposeful or negligent failure to provide essential services -- tenant's remedies
Status: in_force

70-24-408 . Purposeful or negligent failure to provide essential services -- tenant's remedies. (1) If contrary to the rental agreement or 70-24-303 the landlord purposefully or negligently fails to supply heat, running water, hot water, electric, gas, or other essential services, the tenant may give written notice to the landlord specifying the breach and may:

(a) procure reasonable amounts of heat, hot water, running water, electricity, gas, and other essential services during the period of the landlord's noncompliance and deduct their actual and reasonable cost from the rent;

(b) recover damages based upon the diminution in the fair rental value of the dwelling unit; or

(c) procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance.

(2) If the tenant proceeds under this section, the tenant may not proceed under 70-24-406 or 70-24-407 as to that breach.

(3) Rights of the tenant under this section do not arise until the tenant has given notice to the landlord and the landlord has had a reasonable opportunity to correct the conditions or if the conditions were caused by the act or omission of the tenant, a member of the tenant's family, or any other person on the premises with the tenant's consent.
Mont. Code Ann. § 70-19-303 — MT Code / Title 70 / Chapter 19 / Part 3 / Section 70-19-303
70-19-303 Statute of limitations for actions by grantee -- joinder of state
Status: in_force

70-19-303 . Statute of limitations for actions by grantee -- joinder of state. (1) An action may not be brought for or in respect to real property by any person claiming under letters patent or grants from this state unless the plaintiff or the plaintiff's ancestor, predecessor, or grantor was seized or possessed of the property in question within 10 years before the commencement of the action.

(2) In an action described in subsection (1), the state of Montana may be made a party defendant and has only the defenses that are available to other parties defendant to the action, provided that a judgment in any action may not include damages, attorney fees, or court costs against the state of Montana.
Mont. Code Ann. § 70-30-101 — MT Code / Title 70 / Chapter 30 / Part 1 / Section 70-30-101
70-30-101 Eminent domain defined
Status: in_force

70-30-101 . Eminent domain defined. Eminent domain is the right of the state to take private property for public use. This right may be exercised in the manner provided in this chapter.
Mont. Code Ann. § 70-29-420 — MT Code / Title 70 / Chapter 29 / Part 4 / Section 70-29-420
70-29-420 Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

70-29-420 . Relation to Electronic Signatures in Global and National Commerce Act . This part modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).
Mont. Code Ann. § 70-1-106 — MT Code / Title 70 / Chapter 1 / Part 1 / Section 70-1-106
70-1-106 Real property defined
Status: in_force

70-1-106 . Real property defined. Real or immovable property consists of:

(1) land;

(2) that which is affixed to land, including a manufactured home declared an improvement to real property under 15-1-116 ;

(3) that which is incidental or appurtenant to land;

(4) that which is immovable by law.
Mont. Code Ann. § 70-28-109 — MT Code / Title 70 / Chapter 28 / Part 1 / Section 70-28-109
70-28-109 Who bound by judgment
Status: in_force

70-28-109 . Who bound by judgment. Every person made a defendant to such action by name and every unknown claimant or possible claimant upon whom service has been made by publication, in accordance with Rule 4, M.R.Civ.P., and who has not appeared in such action shall be bound by the judgment or decree entered in such action, subject to the right of any such defendants to apply for relief in any manner provided by the statutes applicable to the case of a defaulting defendant served only by publication.
Mont. Code Ann. § 70-23-610 — MT Code / Title 70 / Chapter 23 / Part 6 / Section 70-23-610
70-23-610 Purchaser at foreclosure sale not totally liable for prior common expenses
Status: in_force

70-23-610 . Purchaser at foreclosure sale not totally liable for prior common expenses. When the purchaser of a unit obtains title to the unit as a result of foreclosure of the first mortgage or trust indenture, the purchaser and the purchaser's successors and assigns are not liable for any of the common expenses chargeable to the unit that became due prior to the acquisition of title to the unit by the purchaser. The unpaid share of common expenses is a common expense of all the unit owners, including the purchaser and the purchaser's successors and assigns.
Mont. Code Ann. § 70-2-201 — MT Code / Title 70 / Chapter 2 / Part 2 / Section 70-2-201
70-2-201 Action for quieting title to personal property
Status: in_force

70-2-201 . Action for quieting title to personal property. Any person claiming title to personal property, whether in actual possession thereof or not, may bring an action in the district court of any county wherein such personal property or any part thereof is situated against any person or persons claiming any interest therein by reason of alleged ownership, lien, or otherwise and by a decree of such court may have established and determined finally the rights of all claimants to such personal property.
Mont. Code Ann. § 70-6-511 — MT Code / Title 70 / Chapter 6 / Part 5 / Section 70-6-511
70-6-511 Eviction of guests
Status: in_force

70-6-511 . Eviction of guests. (1) An innkeeper may evict a guest of a hotel, as defined in 50-51-102 , who refuses or has otherwise failed to pay the bill when due. Before evicting a guest, the innkeeper shall demand payment of the bill and shall ask the guest to vacate the premises. If the guest does not pay the bill or leave following these requests, the innkeeper may lock the door to the guest's room, remove the guest's baggage and other personal property, or evict the guest by any other peaceful means. The innkeeper may hold the guest's baggage and other personal property but is subject to liability as provided in 70-6-501 .

(2) An innkeeper may also evict a person, whether or not the person is a guest of the hotel, who:

(a) is under the influence of alcohol, drugs, or any other intoxicating substance and acts in a disorderly fashion so as to disturb the peace of other guests or is not in compliance with state liquor laws;

(b) acts in a disorderly fashion so as to disturb the peace of other guests;

(c) seeks to use the hotel for an unlawful purpose;

(d) seeks to bring into the hotel:

(i) an unlawfully possessed firearm; or

(ii) something, including an explosive or a hazardous or toxic substance, that it is unlawful to possess and that may be dangerous to other persons;

(e) destroys, damages, defaces, or threatens harm to hotel property or guests;

(f) causes or permits persons to exceed the maximum allowable occupancy of a hotel room as established by the innkeeper;

(g) refuses to abide by reasonable standards or policies established by the innkeeper for operation and management of the hotel.
Mont. Code Ann. § 70-9-809 — MT Code / Title 70 / Chapter 9 / Part 8 / Section 70-9-809
70-9-809 Payment or delivery of abandoned property
Status: in_force

70-9-809 . Payment or delivery of abandoned property. (1) Except for property held in a safe deposit box or other safekeeping depository, upon filing the report required by 70-9-808 , the holder of property presumed abandoned shall pay, deliver, or cause to be paid or delivered to the administrator the property described in the report as unclaimed; however, if the property is an automatically renewable deposit and a penalty or forfeiture in the payment of interest would result, the time for compliance is extended until a penalty or forfeiture would no longer result. Tangible property held in a safe deposit box or other safekeeping depository may not be delivered to the administrator until 60 days after filing the report required by 70-9-808.

(2) If the property reported to the administrator is a security or security entitlement under Title 30, chapter 8, the administrator is an appropriate person to make an endorsement, instruction, or entitlement order on behalf of the apparent owner to invoke the duty of the issuer or its transfer agent or the securities intermediary to transfer or dispose of the security or the security entitlement in accordance with Title 30, chapter 8.

(3) If the property reported to the administrator is a virtual currency, the holder shall liquidate the virtual currency within 30 days of filing the report and remit the proceeds in United States currency to the administrator. The holder may not sell a virtual currency for less than the price prevailing on an established virtual currency exchange at the time of the sale. The holder may sell a virtual currency not listed on an established virtual currency exchange by any commercially reasonable method. Prior to selling a virtual currency, the holder shall send written notice to the apparent owner not less than 60 days before the sale that the virtual currency will be liquidated.

(4) An issuer, the holder, and any transfer agent or other person acting pursuant to the instructions of and on behalf of the issuer or holder in accordance with this section is not liable to the apparent owner and must be indemnified against claims of any person in accordance with 70-9-811 .
Mont. Code Ann. § 70-6-303 — MT Code / Title 70 / Chapter 6 / Part 3 / Section 70-6-303
70-6-303 When duties of gratuitous depositary cease
Status: in_force

70-6-303 . When duties of gratuitous depositary cease. The duties of a gratuitous depositary cease upon the depositary's:

(1) restoring the thing deposited to its owner; or

(2) giving reasonable notice to the owner to remove it and the owner failing to do so within a reasonable time. However, an involuntary depositary under 70-6-103 (2) may not give notice until the emergency that gave rise to the deposit is past.
Mont. Code Ann. § 70-1-317 — MT Code / Title 70 / Chapter 1 / Part 3 / Section 70-1-317
70-1-317 Future interest -- to what entitles owner
Status: in_force

70-1-317 . Future interest -- to what entitles owner. A future interest entitles the owner to the possession of the property only at a future period.
Mont. Code Ann. § 70-6-513 — MT Code / Title 70 / Chapter 6 / Part 5 / Section 70-6-513
70-6-513 Consumption or possession of alcohol -- civil liability -- licensure protection
Status: in_force

70-6-513 . Consumption or possession of alcohol -- civil liability -- licensure protection. The provisions of 27-1-710 apply to an innkeeper. A license to serve beer, wine, or liquor that is issued to an innkeeper may not be suspended, revoked, or refused renewal because of the unlawful consumption or possession of alcohol by a guest or occupant except under the provisions of Title 16, chapter 4.
Mont. Code Ann. § 70-7-105 — MT Code / Title 70 / Chapter 7 / Part 1 / Section 70-7-105
70-7-105 Borrower of animal -- care required
Status: in_force

70-7-105 . Borrower of animal -- care required. One who borrows a living animal for use must treat it with great kindness and provide everything necessary and suitable for it.
Mont. Code Ann. § 70-16-210 — MT Code / Title 70 / Chapter 16 / Part 2 / Section 70-16-210
70-16-210 Removal of partition fence
Status: in_force

70-16-210 . Removal of partition fence. If the occupants of adjoining lands build their respective portions of a partition fence and either of them at any time desires to let the land occupied by that person lie open, that person may, after having given to the occupants of the adjoining land at least 6 months' notice of the intention so to do, remove that person's proportion of the partition fence unless the adjoining occupant pays or tenders to that person the value of the fence. If the fence is removed without notice or after payment or tender of the value, the person removing the fence is liable to the person injured for all damages the injured person may sustain.
Mont. Code Ann. § 70-17-109 — MT Code / Title 70 / Chapter 17 / Part 1 / Section 70-17-109
70-17-109 Who may bring action to enforce easement
Status: in_force

70-17-109 . Who may bring action to enforce easement. The owner of any estate in a dominant tenement or the occupant of such tenement may maintain an action for the enforcement of an easement attached thereto.
Mont. Code Ann. § 70-24-424 — MT Code / Title 70 / Chapter 24 / Part 4 / Section 70-24-424
70-24-424 Refusal of access -- landlord's remedies
Status: in_force

70-24-424 . Refusal of access -- landlord's remedies. (1) If the tenant refuses to allow lawful access, the landlord may issue a 24-hour notice to correct or obtain immediate injunctive relief to compel access. In either case, the landlord may recover actual damages. If the 24-hour notice to correct is not remedied, the landlord may issue a 3-day notice to terminate the rental agreement.

(2) If a tenant removes a lock or replaces or adds a lock not supplied by the landlord to the premises and fails to provide a key as required by 70-24-312 (5), the landlord may issue a 24-hour notice to correct or obtain immediate injunctive relief. If the 24-hour notice to correct is not remedied, the landlord may issue a 3-day notice to terminate the rental agreement.
Mont. Code Ann. § 70-18-203 — MT Code / Title 70 / Chapter 18 / Part 2 / Section 70-18-203
70-18-203 Island formed in navigable stream
Status: in_force

70-18-203 . Island formed in navigable stream. Islands and accumulations of land formed in the beds of streams which are navigable belong to the state if there is no title or prescription to the contrary.
Mont. Code Ann. § 70-28-103 — MT Code / Title 70 / Chapter 28 / Part 1 / Section 70-28-103
70-28-103 Venue
Status: in_force

70-28-103 . Venue. All actions brought under 70-28-101 must be brought in the county in which the real estate or a portion thereof, as to which the title is sought to be quieted, is situated; provided that if the real estate is situated in more than one county, said action may be brought and prosecuted in either of said counties, and a transcript of the original judgment certified by the clerk of court shall be filed in the office of the clerk of court in the county other than which the action was brought in which any of the real estate affected thereby is situated.
Mont. Code Ann. § 70-7-203 — MT Code / Title 70 / Chapter 7 / Part 2 / Section 70-7-203
70-7-203 Title to property lent -- expenses -- increase
Status: in_force

70-7-203 . Title to property lent -- expenses -- increase. The title to the thing lent by a loan for exchange is transferred to the borrower, and the borrower shall bear all its expenses and is entitled to all its increase.
Mont. Code Ann. § 70-24-431 — MT Code / Title 70 / Chapter 24 / Part 4 / Section 70-24-431
70-24-431 Retaliatory conduct by landlord prohibited
Status: in_force

70-24-431 . Retaliatory conduct by landlord prohibited. (1) Except as provided in this section, a landlord may not retaliate by increasing rent, by decreasing services, or by bringing or threatening to bring an action for possession after the tenant:

(a) has complained of a violation applicable to the premises materially affecting health and safety to a governmental agency charged with responsibility for enforcement of a building or housing code;

(b) has complained to the landlord in writing of a violation under 70-24-303 ; or

(c) has organized or become a member of a tenant's union or similar organization.

(2) If the landlord acts in violation of subsection (1) of this section, the tenant is entitled to the remedies provided in 70-24-411 and has a defense in any retaliatory action against the tenant for possession.

(3) In an action by or against the tenant, evidence of a complaint within 6 months before the alleged act of retaliation creates a rebuttable presumption that the landlord's conduct was in retaliation. The presumption does not arise if the tenant made the complaint after notice of a proposed rent increase or diminution of services. For purposes of this section, "rebuttable presumption" means that the trier of fact is required to find the existence of the fact presumed unless and until evidence is introduced that would support a finding of its nonexistence.

(4) Subsections (1), (2), and (3) do not prevent a landlord from bringing an action for possession if:

(a) the violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant, a member of the tenant's family, or any other persons on the premises with the tenant's consent;

(b) the tenant is in default in rent; or

(c) compliance with the applicable building or housing code requires alteration, remodeling, or demolition that would effectively deprive the tenant of use of the dwelling unit.

(5) The maintenance of an action under subsection (4) of this section does not release the landlord from liability under 70-24-405 (2).
Mont. Code Ann. § 70-9-807 — MT Code / Title 70 / Chapter 9 / Part 8 / Section 70-9-807
70-9-807 Burden of proof as to property evidenced by record of check or draft
Status: in_force

70-9-807 . Burden of proof as to property evidenced by record of check or draft. A record of the issuance of a check, draft, or similar instrument is prima facie evidence of an obligation. In claiming property from a holder that is also the issuer, the administrator's burden of proof as to the existence and amount of the property and its abandonment is satisfied by showing issuance of the instrument and passage of the requisite period of abandonment. Defenses of payment, satisfaction, discharge, and want of consideration are affirmative defenses that must be established by the holder.
Mont. Code Ann. § 70-16-101 — MT Code / Title 70 / Chapter 16 / Part 1 / Section 70-16-101
70-16-101 Rights of owner in fee -- above and below surface
Status: in_force

70-16-101 . Rights of owner in fee -- above and below surface. The owner of land in fee has the right to the surface and to everything permanently situated beneath or above it.
Mont. Code Ann. § 70-23-604 — MT Code / Title 70 / Chapter 23 / Part 6 / Section 70-23-604
70-23-604 Construction lien -- no effect on nonconsenting owner -- exception
Status: in_force

70-23-604 . Construction lien -- no effect on nonconsenting owner -- exception. Labor performed or materials furnished with the consent or at the request of a unit owner or the owner's agent, contractor, or subcontractor may not be the basis for the filing of a construction lien against the unit of any other unit owner not consenting to or requesting the labor to be performed or the materials to be furnished, except that consent must be considered given by the owner of any unit in the case of emergency repairs performed or furnished with the consent or at the request of the manager.
Mont. Code Ann. § 70-20-314 — MT Code / Title 70 / Chapter 20 / Part 3 / Section 70-20-314
70-20-314 Grant of property occupied by tenant
Status: in_force

70-20-314 . Grant of property occupied by tenant. When real property is occupied by a tenant, a grant of any estate in the property by the tenant's landlord is valid without an agreement to continue the tenancy by the tenant to the grantee. However, the payment of rent to the grantor by the tenant before notice of the grant is binding upon the grantee, and the tenant is not liable to the grantee for any breach of the condition of the lease until the tenant has had notice of the grant.
Mont. Code Ann. § 70-33-401 — MT Code / Title 70 / Chapter 33 / Part 4 / Section 70-33-401
70-33-401 Administration of remedies -- enforcement -- agreement
Status: in_force

70-33-401 . Administration of remedies -- enforcement -- agreement. (1) The remedies provided by this chapter must be administered so that an aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages. The aggrieved party may include a reasonable charge for the party's labor.

(2) A right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect. Nothing in this chapter prohibits the assignment of a right or the claim of a right by either landlord or tenant. The landlord's or tenant's defenses and obligations may not be affected by an assignment.

(3) Rules and regulations that are not a part of this chapter and that affect the relationship between the landlord and tenant must be uniformly and fairly applied and enforced.

(4) A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement.
Mont. Code Ann. § 70-4-101 — MT Code / Title 70 / Chapter 4 / Part 1 / Section 70-4-101
70-4-101 Uniform Commercial Code -- applicability
Status: in_force

70-4-101 . Uniform Commercial Code -- applicability. The provisions of this chapter apply only to the extent not otherwise provided for in the Uniform Commercial Code.
Mont. Code Ann. § 70-32-210 — MT Code / Title 70 / Chapter 32 / Part 2 / Section 70-32-210
70-32-210 Sale when land cannot be divided
Status: in_force

70-32-210 . Sale when land cannot be divided. If from the report it appears to the judge that the land claimed exceeds in value the amount of the homestead exemption and that it cannot be divided, the judge shall make an order directing its sale under execution.
Mont. Code Ann. § 70-6-609 — MT Code / Title 70 / Chapter 6 / Part 6 / Section 70-6-609
70-6-609 Rights of parties -- rental agreements -- compliance with Servicemembers Civil Relief Act
Status: in_force

70-6-609 . Rights of parties -- rental agreements -- compliance with Servicemembers Civil Relief Act. (1) This part does not impair the power of the parties to a rental agreement to create rights, duties, or obligations that do not arise from this part. The rights provided to an operator by this part are in addition to all other rights provided by law to a creditor against a debtor.

(2) If the rental agreement is with a service member, the operator shall comply with all terms of the Servicemembers Civil Relief Act, 50 U.S.C. 3901, et seq.