Mont. Code Ann. § 70-6-211 — MT Code / Title 70 / Chapter 6 / Part 2 / Section 70-6-211
70-6-211 Depositary to deliver on demand
Status: in_force

70-6-211 . Depositary to deliver on demand. A depositary shall deliver the thing to the person for whose benefit it was deposited, on demand, whether the deposit was made for a specified time or not, unless the depositary has a lien upon the thing deposited or has been forbidden or prevented from doing so by the real owner of the thing or by the act of the law and has given the notice required by 70-6-208 .
Mont. Code Ann. § 70-6-411 — MT Code / Title 70 / Chapter 6 / Part 4 / Section 70-6-411
70-6-411 Sale to pay costs of storage
Status: in_force

70-6-411 . Sale to pay costs of storage. (1) Any storage or commission merchant receiving personal property from any person for storage and any common carrier of goods by whom any personal property is lawfully stored before or after the transportation thereof may, after keeping the same in store for 90 days, in default of the payment of the storage or freight money on such personal property, advertise and sell the same at public auction to the highest bidder for cash, first giving notice of the time, the terms, and place of sale and a description of the property to be sold by publication in some newspaper published in the county where the property may be stored. Said notice shall be published at least once a week for 4 weeks next previous to the day of sale and shall specify the amount due on the property to be sold. When a specified time has been agreed upon between the parties for the storage of said property, the same shall not be advertised until the expiration of the time agreed upon.

(2) Should there be no newspaper published in the county where such property is stored, then notice may be given in the newspaper published nearest thereto in some other county in this state.

(3) But no more of such property shall be sold than is necessary to pay the charges due, together with the costs.
Mont. Code Ann. § 70-9-821 — MT Code / Title 70 / Chapter 9 / Part 8 / Section 70-9-821
70-9-821 Retention of records
Status: in_force

70-9-821 . Retention of records. (1) Except as otherwise provided in subsection (2), a holder required to file a report under 70-9-808 shall maintain the records containing the information required to be included in the report for 10 years after the holder files the report unless a shorter period is provided by rule of the administrator.

(2) A business association or financial organization that sells, issues, or provides to others for sale or issue in this state traveler's checks, money orders, or similar instruments other than third-party bank checks, on which the business association or financial organization is directly liable, shall maintain a record of the instruments while they remain outstanding, indicating the state and date of issue, for 3 years after the holder files the report.
Mont. Code Ann. § 70-26-206 — MT Code / Title 70 / Chapter 26 / Part 2 / Section 70-26-206
70-26-206 Rights of tenant for years or at will
Status: in_force

70-26-206 . Rights of tenant for years or at will. (1) A tenant for years or at will, unless the tenant is a wrongdoer by holding over, may occupy the buildings, take the annual products of the soil, and work mines and quarries open at the commencement of the tenancy and may cultivate and harvest the crops growing at the end of the tenancy.

(2) A tenant for years or at will has no other rights to the property than those given to the tenant by the agreement or instrument by which the tenancy is acquired or by subsection (1).

(3) Subsection (2) does not apply to arrangements governed by Title 70, chapter 24.
Mont. Code Ann. § 70-33-101 — MT Code / Title 70 / Chapter 33 / Part 1 / Section 70-33-101
70-33-101 Short title
Status: in_force

70-33-101 . Short title. This chapter may be cited as "The Montana Residential Mobile Home Lot Rental Act".
Mont. Code Ann. § 70-29-329 — MT Code / Title 70 / Chapter 29 / Part 3 / Section 70-29-329
70-29-329 Proceeds of sale belonging to persons unknown or out-of-state -- how invested
Status: in_force

70-29-329 . Proceeds of sale belonging to persons unknown or out-of-state -- how invested. Where there are proceeds of a sale belonging to an unknown owner or to a person without the state who has no legal representative within it, the same must be invested in bonds of this state or the United States for the benefit of the persons entitled thereto.
Mont. Code Ann. § 70-3-201 — MT Code / Title 70 / Chapter 3 / Part 2 / Section 70-3-201
70-3-201 Gift in view of death defined
Status: in_force

70-3-201 . Gift in view of death defined. A gift in view of death is one which is made in contemplation, fear, or peril of death and with intent that it shall take effect only in case of the death of the giver.
Mont. Code Ann. § 70-3-202 — MT Code / Title 70 / Chapter 3 / Part 2 / Section 70-3-202
70-3-202 When gift presumed to be in view of death
Status: in_force

70-3-202 . When gift presumed to be in view of death. A gift made during the last illness of the giver or under circumstances that would impress the giver with an expectation of speedy death is presumed to be a gift in view of death.
Mont. Code Ann. § 70-32-203 — MT Code / Title 70 / Chapter 32 / Part 2 / Section 70-32-203
70-32-203 Execution under judgments not enumerated -- application required
Status: in_force

70-32-203 . Execution under judgments not enumerated -- application required. When an execution for the enforcement of a judgment obtained in a case not within the classes enumerated in 70-32-202 is levied upon the homestead, the judgment creditor may apply to the district court of the county in which the homestead is situated or a judge thereof for the appointment of persons to appraise the value thereof.
Mont. Code Ann. § 70-26-103 — MT Code / Title 70 / Chapter 26 / Part 1 / Section 70-26-103
70-26-103 Attornment of tenant to stranger void
Status: in_force

70-26-103 . Attornment of tenant to stranger void. The attornment of a tenant to a stranger is void unless it is made with the consent of the landlord or in consequence of a judgment of a court of competent jurisdiction.
Mont. Code Ann. § 70-9-810 — MT Code / Title 70 / Chapter 9 / Part 8 / Section 70-9-810
70-9-810 Notice and publication of lists of abandoned property
Status: in_force

70-9-810 . Notice and publication of lists of abandoned property. (1) The administrator shall publish every 3 months in at least one newspaper of general circulation in each county in this state in which a newspaper is published an advertisement of property held by the administrator that:

(a) directs the public to the administrator's unclaimed property website provided in subsection (2);

(b) includes a telephone number and electronic mail address to contact the administrator to inquire about or claim property; and

(c) includes a statement that a person may access the internet by a computer to search for unclaimed property and a computer may be available as a service to the public at a local public library.

(2) The administrator shall maintain an unclaimed property website that can be accessed and is easily searchable by the public. The website must contain:

(a) the name of each person appearing to be the owner of the property, as set forth in the report filed by the holder;

(b) the last-known address or location of each person appearing to be the owner of the property, if an address or location is set forth in the report filed by the holder;

(c) a statement explaining that property of the owner is presumed to be abandoned and has been taken into the protective custody of the administrator; and

(d) a statement that information about the property and its return to the owner is available to a person having a legal or beneficial interest in the property, upon request to the administrator.
Mont. Code Ann. § 70-16-111 — MT Code / Title 70 / Chapter 16 / Part 1 / Section 70-16-111
70-16-111 Entry to property by professional land surveyor or other qualified person -- trespass exception -- notice -- liability
Status: in_force

70-16-111 . Entry to property by professional land surveyor or other qualified person -- trespass exception -- notice -- liability. (1) Subject to the conditions and restrictions of this section, the provisions of 45-6-203 do not apply to a person who is licensed or registered under Title 37, chapter 67, part 3, as a professional land surveyor, as defined in 37-67-101 , or to a person acting under the direct supervision of a professional land surveyor as an employee, agent, or representative.

(2) A person qualified under subsection (1) may enter public or private land to investigate and use boundary evidence and perform boundary surveys if the notice requirements of subsection (3) are met.

(3) (a) At least 15 days before the desired date of entry to land, a professional land surveyor shall give notice to the owner of the land, by certified mail, return receipt requested. The notice must contain the following information:

(i) the identity of the person for whom the survey is being performed;

(ii) the purpose for which the survey is being performed;

(iii) the name of the employer of the professional land surveyor;

(iv) the identity of the professional land surveyor;

(v) the dates, times, and location of entry to the land, including the estimated number of entries;

(vi) a timetable for completion of the survey, including an estimated completion date; and

(vii) a statement requesting the landowner to provide the surveyor with the name of each person who occupies the land as a tenant or lessee.

(b) A landowner may waive the notice requirement of this subsection (3), either orally or in writing.

(c) This section does not impose liability upon a landowner who fails or refuses to provide the requested entry.

(4) (a) If a landowner does not acknowledge receipt of the notice within 15 days, a person qualified under subsection (1) may enter the land pursuant to the specifications given in the notice.

(b) If a landowner acknowledges receipt of the notice within 15 days, the landowner may modify the access provisions of the notice, as long as the modifications do not unreasonably restrict completion of the survey.

(5) Persons qualified under subsection (1) who enter land pursuant to this section shall carry on their person identification sufficient to identify themselves and their employer or principal and shall present the identification upon request.

(6) Vehicular access to perform surveys is limited to established roads and trails, unless approval for other vehicular access is granted by the landowner.

(7) Approval of the landowner is required for the clearing of trees, brush, or other vegetation.

(8) A landowner may request a person qualified under subsection (1) who enters land pursuant to this section to wash any vehicle prior to entry in order to remove mud and debris that might carry noxious weeds or noxious weed seeds. The person may request that the landowner be present at the time of any entry to inspect the vehicle under the terms of this subsection.

(9) Entry upon land for survey purposes by a person qualified under subsection (1) creates a rebuttable presumption that the landowner or lessee properly protected the person against personal injury or property damage while the person was on the land.

(10) As an act of good will and in order to keep the landowner informed, a professional land surveyor shall supply the landowner with information on located, established, or reestablished corners that lie on the land or that may affect the boundaries of the land. Upon request, the professional land surveyor shall provide the landowner with a copy of any relevant survey filed or recorded.
Mont. Code Ann. § 70-29-419 — MT Code / Title 70 / Chapter 29 / Part 4 / Section 70-29-419
70-29-419 Uniformity of application and construction
Status: in_force

70-29-419 . Uniformity of application and construction . In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Mont. Code Ann. § 70-22-104 — MT Code / Title 70 / Chapter 22 / Part 1 / Section 70-22-104
70-22-104 Filing of corner record required
Status: in_force

70-22-104 . Filing of corner record required. A surveyor shall complete, sign, stamp with the surveyor's seal, and file with the county clerk and recorder of the county where the corner is situated a written record of corner establishment or restoration to be known as a "corner record" for every public land survey corner and accessory to the corner that is established, reestablished, monumented, remonumented, restored, rehabilitated, perpetuated, or used as control in any survey by the surveyor and within 90 days after the establishment unless the corner and its accessories are substantially as described in an existing corner record filed in accordance with the provisions of this part.
Mont. Code Ann. § 70-19-406 — MT Code / Title 70 / Chapter 19 / Part 4 / Section 70-19-406
70-19-406 Simple occupancy
Status: in_force

70-19-406 . Simple occupancy. Occupancy for any period confers a title sufficient against all except the state and those who have title by prescription, accession, transfer, will, or succession.
Mont. Code Ann. § 70-27-207 — MT Code / Title 70 / Chapter 27 / Part 2 / Section 70-27-207
70-27-207 Holdover or collusion after notice -- treble rent
Status: in_force

70-27-207 . Holdover or collusion after notice -- treble rent. If any tenant or any person in collusion with the tenant holds over any lands or tenements after demand made and 1 month's notice given in writing requiring the possession of the land or tenement, the person holding over shall pay to the landlord treble rent during the time the person continues in possession after the notice.
Mont. Code Ann. § 70-29-210 — MT Code / Title 70 / Chapter 29 / Part 2 / Section 70-29-210
70-29-210 Consent of guardian to share of ward
Status: in_force

70-29-210 . Consent of guardian to share of ward. The general guardian of a minor and the guardian 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, who is interested in real estate held in joint tenancy or in common or in any other manner so as to authorize the person being made a party to an action, may agree upon the share to be set off to the minor or other person entitled to the share. The guardian may execute a release, in the person's behalf, to the owners of the shares of the parts to which they may be respectively entitled, upon an order of the court.
Mont. Code Ann. § 70-33-427 — MT Code / Title 70 / Chapter 33 / Part 4 / Section 70-33-427
70-33-427 Landlord's remedies after termination -- action for possession
Status: in_force

70-33-427 . Landlord's remedies after termination -- action for possession. (1) If the rental agreement is terminated, the landlord has a claim for possession, rent, and actual damages for any breach of the rental agreement.

(2) (a) Except as provided in subsection (2)(c), an action filed pursuant to subsection (1) in a court must be heard within 10 business days after the tenant's appearance or the answer date stated in the summons, except that if the rental agreement is terminated because of noncompliance under 70-33-321 (4), the action must be heard within 5 business days after the tenant's appearance or the answer date stated in the summons.

(b) If the action is appealed to the district court, the hearing must be held within 10 business days after the case is transmitted to the district court, except that if the rental agreement is terminated because of noncompliance under 70-33-321 (4), the hearing must be held within 5 business days after the case is transmitted to district court.

(c) A hearing for damages for any breach of the rental agreement must be held within 45 days after the claim of possessions and rent has been adjudicated.

(3) The landlord and tenant may stipulate to a continuance of the hearing beyond the time limit in subsection (2) without the necessity of an undertaking.

(4) In a landlord's action for possession filed pursuant to subsection (1), the court shall rule on the action within 5 days after the hearing. If a landlord's claim for possession is granted, the court shall issue a writ of possession immediately.
Mont. Code Ann. § 70-19-405 — MT Code / Title 70 / Chapter 19 / Part 4 / Section 70-19-405
70-19-405 Title by prescription
Status: in_force

70-19-405 . Title by prescription. Except as provided in 23-2-322 , occupancy for the period prescribed by this chapter as sufficient to bar an action for the recovery of the property confers a title thereto, denominated a title by prescription, which is sufficient against all.
Mont. Code Ann. § 70-22-209 — MT Code / Title 70 / Chapter 22 / Part 2 / Section 70-22-209
70-22-209 Purchaser or mortgagee not required to rely on description using systems
Status: in_force

70-22-209 . Purchaser or mortgagee not required to rely on description using systems. Nothing contained in this part shall require any purchaser or mortgagee to rely on a description, any part of which depends exclusively upon the Montana coordinate systems.
Mont. Code Ann. § 70-28-108 — MT Code / Title 70 / Chapter 28 / Part 1 / Section 70-28-108
70-28-108 Prerequisites to decree against defendant not present
Status: in_force

70-28-108 . Prerequisites to decree against defendant not present. Before the plaintiff is entitled to a decree in an action against any defendant who does not appear in the action, the plaintiff shall produce evidence sufficient to prima facie entitle the plaintiff to relief. The relief may be granted only to the extent to which the evidence prima facie proves the plaintiff to be entitled to the relief. However, this provision may not affect the procedure in or manner of trial of the actions as between the plaintiff and any defendant who appears in the action.
Mont. Code Ann. § 70-3-103 — MT Code / Title 70 / Chapter 3 / Part 1 / Section 70-3-103
70-3-103 Gift not revocable
Status: in_force

70-3-103 . Gift not revocable. A gift, other than a gift in view of death, cannot be revoked by the giver.
Mont. Code Ann. § 70-33-432 — MT Code / Title 70 / Chapter 33 / Part 4 / Section 70-33-432
70-33-432 Disposition of abandoned mobile home
Status: in_force

70-33-432 . Disposition of abandoned mobile home. (1) If a tenancy terminates, if the landlord reasonably believes that the tenant has abandoned a mobile home occupying a mobile home lot, and if at least 5 days have elapsed since the occurrence of events upon which the landlord has formed the belief that the mobile home has been abandoned, the landlord may remove the mobile home from the premises or keep the mobile home stored on the premises.

(2) If the landlord does not keep the mobile home stored on the premises, the landlord shall store the mobile home in a place of safekeeping and in either case shall exercise reasonable care for the mobile home. The landlord may charge the mobile home owner reasonable removal and storage charges.

(3) Regardless of where the landlord stores the mobile home, the landlord shall:

(a) notify the local law enforcement office of the storage;

(b) make a reasonable effort to determine if the mobile home is secured or otherwise encumbered; and

(c) send a notice by certified mail to the last-known address of the mobile home owner and to any person or entity the landlord determines has an interest referred to in subsection (3)(b), stating that at a specified time, not less than 15 days after mailing the notice, the mobile home will be disposed of if the mobile home owner does not respond and remove the mobile home.

(4) If the mobile home owner, within 15 days after receipt of the notice provided for in subsection (3)(c), responds in writing to the landlord that the owner intends to remove the mobile home from where it is stored and does not do so within 20 days after delivery of the owner's response, the mobile home may be conclusively presumed to be abandoned. A landlord is entitled to payment of the removal and storage costs allowed under subsection (2) before the owner may remove the mobile home.

(5) The landlord may dispose of the mobile home after complying with subsection (3) by:

(a) selling the mobile home at a public or private sale; or

(b) destroying or otherwise disposing of the mobile home if the landlord reasonably believes that the value of the mobile home is so low that the cost of a sale would exceed the reasonable value of the mobile home. Disposal may include having the mobile home removed to an appropriate disposal site.

(6) A public or private sale authorized by this section must be conducted under the provisions of 30-9A-610 or the sheriff's sale provisions of Title 25, chapter 13, part 7.

(7) The landlord has a lien on the mobile home and the proceeds of a sale conducted pursuant to subsection (6) for the reasonable costs of removal, storage, notice, sale, or delinquent rent or damages owing on the premises. The sale proceeds are subject to any prior security interest of record. A writing or recording is not necessary to create the lien provided for in this section. In the case of a sheriff's sale, the sheriff shall conduct the sale upon receipt of an affidavit from the landlord stating facts sufficient to warrant a sale under this section. After satisfaction of the lien, the landlord shall remit to the mobile home owner the remaining proceeds, if any. If the owner cannot after due diligence be found, the remaining proceeds must be deposited in the general fund of the county in which the sale occurred and, if not claimed within 3 years, are forfeited to the county.
Mont. Code Ann. § 70-15-215 — MT Code / Title 70 / Chapter 15 / Part 2 / Section 70-15-215
70-15-215 Remainder to heirs of tenant for life -- effect of
Status: in_force

70-15-215 . Remainder to heirs of tenant for life -- effect of. When a remainder is limited to the heirs or heirs of the body of a person to whom a life estate in the same property is given, the persons who on the termination of the life estate are the successors or heirs of the body of the owner for life are entitled to take by virtue of the remainder so limited to them and not as mere successors of the owner for life.
Mont. Code Ann. § 70-33-403 — MT Code / Title 70 / Chapter 33 / Part 4 / Section 70-33-403
70-33-403 Unconscionability -- court discretion
Status: in_force

70-33-403 . Unconscionability -- court discretion. (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, in order to avoid an unconscionable result, may refuse to enforce the agreement or may enforce the remainder of the agreement without the unconscionable provision 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, in order to avoid an unconscionable result, may refuse to enforce the settlement, may enforce the remainder of the settlement without the unconscionable provision, or may limit the application of any unconscionable provision.

(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 lot in accordance with 70-33-321 ; or

(b) a landlord maintain the premises in accordance with 70-33-303 .

(3) If unconscionability is put into issue by a party or by the court upon its own motion, the parties must 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 its determination.
Mont. Code Ann. § 70-29-323 — MT Code / Title 70 / Chapter 29 / Part 3 / Section 70-29-323
70-29-323 Disposition of proceeds generally
Status: in_force

70-29-323 . Disposition of proceeds generally. The proceeds of sale and the securities taken by the referees or any part thereof must be distributed by them to the persons entitled thereto whenever the court so directs. But in case no direction be given, all of such proceeds and securities must be paid into the court or deposited therein or as directed by the court.
Mont. Code Ann. § 70-30-323 — MT Code / Title 70 / Chapter 30 / Part 3 / Section 70-30-323
70-30-323 Liability limitation -- several liability -- defense costs
Status: in_force

70-30-323 . Liability limitation -- several liability -- defense costs. (1) Subject to subsection (2), a condemnee or a condemnee's successor in interest is not liable for damages that result from the construction, use, or maintenance of a project on property in which the condemnee or the condemnee's successor in interest has an interest unless the negligence or intentional conduct of the condemnee or the condemnee's successor in interest is a cause of the damages.

(2) A condemnee or a condemnee's successor in interest who is liable for damages under subsection (1) is severally liable only and is responsible only for the percentage of negligence attributable to the condemnee or the condemnee's successor in interest.

(3) If a condemnee or a condemnee's successor in interest is joined in an action for damages that are alleged to result from the construction, use, or maintenance of a project on property in which the condemnee or the condemnee's successor in interest has an interest, the project owner or operator is liable for the costs and attorney fees incurred by the condemnee or the condemnee's successor in interest unless the condemnee or the condemnee's successor in interest is found liable for damages under subsections (1) and (2).
Mont. Code Ann. § 70-28-211 — MT Code / Title 70 / Chapter 28 / Part 2 / Section 70-28-211
70-28-211 Depositions
Status: in_force

70-28-211 . Depositions. (1) At any time after the issuance of the summons, any party to the action may take depositions therein in conformity to law, upon notice to the adverse party sought to be bound by such depositions and who has appeared in the action, if any, and upon notice filed with the clerk.

(2) The depositions may be used by any party against any other party giving or receiving the notice (except the clerk), subject to all just exceptions.
Mont. Code Ann. § 70-27-112 — MT Code / Title 70 / Chapter 27 / Part 1 / Section 70-27-112
70-27-112 Applicability of general provisions on parties
Status: in_force

70-27-112 . Applicability of general provisions on parties. Except as provided in 70-27-111 , the provisions of Title 25 relating to parties to civil actions are applicable to this proceeding.
Mont. Code Ann. § 70-20-303 — MT Code / Title 70 / Chapter 20 / Part 3 / Section 70-20-303
70-20-303 Grant conclusive -- exception for good faith purchaser
Status: in_force

70-20-303 . Grant conclusive -- exception for good faith purchaser. A grant of an estate in real property is conclusive against the grantor and against every one subsequently claiming under the grantor except a purchaser or encumbrancer who in good faith and for a valuable consideration acquires a title or lien by an instrument that is first duly recorded.
Mont. Code Ann. § 70-32-214 — MT Code / Title 70 / Chapter 32 / Part 2 / Section 70-32-214
70-32-214 Compensation of appraisers
Status: in_force

70-32-214 . Compensation of appraisers. The court must fix a reasonable amount as compensation for the appraisers.
Mont. Code Ann. § 70-23-309 — MT Code / Title 70 / Chapter 23 / Part 3 / Section 70-23-309
70-23-309 Association of unit owners -- remote meetings
Status: in_force

70-23-309 . Association of unit owners -- remote meetings. (1) Unless the terms of the declaration or the bylaws provide otherwise, an association of unit owners may hold a meeting by remote means.

(2) For the purposes of this section, "remote means" includes telephone audio, teleconference, or videoconference.
Mont. Code Ann. § 70-15-214 — MT Code / Title 70 / Chapter 15 / Part 2 / Section 70-15-214
70-15-214 Remainder not upon a contingency -- when to take effect
Status: in_force

70-15-214 . Remainder not upon a contingency -- when to take effect. When a remainder of an estate for life or for years is not limited on a contingency defeating or avoiding such precedent estate, it is to be deemed intended to take effect only on the death of the first taker or the expiration by lapse of time of such term of years.
Mont. Code Ann. § 70-7-111 — MT Code / Title 70 / Chapter 7 / Part 1 / Section 70-7-111
70-7-111 Lender liable for concealed defects
Status: in_force

70-7-111 . Lender liable for concealed defects. The lender of a thing for use shall indemnify the borrower for damage caused by defects or vices in the thing that the lender knew at the time of lending and concealed from the borrower.
Mont. Code Ann. § 70-26-110 — MT Code / Title 70 / Chapter 26 / Part 1 / Section 70-26-110
70-26-110 Lease of city lot for over 75 years void
Status: reserved

70-26-110 . Lease of city lot for over 75 years void. No lease or grant of any town or city lot for a period longer than 75 years, in which shall be reserved any rent or service of any kind, shall be valid.
Mont. Code Ann. § 70-27-101 — MT Code / Title 70 / Chapter 27 / Part 1 / Section 70-27-101
70-27-101 Application and jurisdiction
Status: in_force

70-27-101 . Application and jurisdiction. (1) This chapter, except as it relates to forcible detainer as defined in 70-27-103 (2) only and as it relates to forcible entry, does not apply to arrangements governed by chapter 24 of this title.

(2) The district court of the county in which the property or some part of it is situated shall have jurisdiction of proceedings under this chapter, provided that justices' courts, within their respective counties, shall have concurrent jurisdiction.
Mont. Code Ann. § 70-32-104 — MT Code / Title 70 / Chapter 32 / Part 1 / Section 70-32-104
70-32-104 Limitation on value
Status: in_force

70-32-104 . Limitation on value. (1) A homestead may not exceed the value provided in subsection (3). In a proceeding instituted to determine the value of the homestead, the assessed value of the land with included appurtenances, if any, and of the dwelling house as it appears on the last-completed assessment roll preceding the institution of the proceeding is prima facie evidence of the value of the property claimed as a homestead.

(2) If a claimant who is an owner of an undivided interest in real property claims a homestead exemption, the claimant is limited to an exemption amount proportional to the claimant's undivided interest.

(3) (a) The department of revenue shall adopt administrative rules setting the homestead value limit.

(b) In 2021, the homestead value limit is $350,000.

(c) The homestead value limit must increase by 4% every calendar year after 2021.
Mont. Code Ann. § 70-27-107 — MT Code / Title 70 / Chapter 27 / Part 1 / Section 70-27-107
70-27-107 Action for possession under right of reentry -- notice not required
Status: in_force

70-27-107 . 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 70-27-106 .
Mont. Code Ann. § 70-29-412 — MT Code / Title 70 / Chapter 29 / Part 4 / Section 70-29-412
70-29-412 Partition alternatives
Status: in_force

70-29-412 . Partition alternatives. (1) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to 70-29-411 or if after conclusion of the buyout under 70-29-411 a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after consideration of the factors listed in 70-29-413 , finds that partition in kind will result in great prejudice to the cotenants as a group. In considering whether to order partition in kind, the court shall approve a request by two or more parties to have their individual interests aggregated.

(2) If the court does not order partition in kind under subsection (1), the court shall order partition by sale pursuant to 70-29-414 or, if no cotenant requested partition by sale, the court shall dismiss the action.

(3) If the court orders partition in kind pursuant to subsection (1), the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held.

(4) If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out pursuant to 70-29-411 , a part of the property representing the combined interests of these cotenants as determined by the court and this part of the property must remain undivided.
Mont. Code Ann. § 70-24-441 — MT Code / Title 70 / Chapter 24 / Part 4 / Section 70-24-441
70-24-441 Termination by landlord or tenant
Status: in_force

70-24-441 . Termination by landlord or tenant. (1) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least 7 days before the termination date specified in the notice.

(2) The landlord or the tenant may terminate a month-to-month tenancy by giving to the other at any time during the tenancy at least 30 days' notice in writing prior to the date designated in the notice for the termination of the tenancy.

(3) The tenancy terminates on the date designated and without regard to the expiration of the period for which, by the terms of the tenancy, rents are to be paid. Unless otherwise agreed, rent is uniformly apportionable from day to day.
Mont. Code Ann. § 70-23-802 — MT Code / Title 70 / Chapter 23 / Part 8 / Section 70-23-802
70-23-802 Obsolete property -- restoration or sale -- removal from chapter
Status: in_force

70-23-802 . Obsolete property -- restoration or sale -- removal from chapter. Ninety percent of the unit owners may agree that the property is obsolete in whole or in part and whether or not it shall be renewed and restored or sold and the proceeds of sale distributed. If 90% of the unit owners agree to renew and restore the property, the expense thereof shall be paid by all the unit owners as common expenses. If 90% of the unit owners agree to sell the property, the property shall be considered removed from the provisions of this chapter.
Mont. Code Ann. § 70-24-202 — MT Code / Title 70 / Chapter 24 / Part 2 / Section 70-24-202
70-24-202 Prohibited provisions in rental agreements
Status: in_force

70-24-202 . Prohibited provisions in rental agreements. A rental agreement may not provide that a party:

(1) agrees to waive or forego rights or remedies under this chapter;

(2) authorizes any person to confess judgment on a claim arising out of the rental agreement;

(3) agrees to the exculpation or limitation of liability resulting from the other party's purposeful misconduct or negligence or to indemnify the other party for that liability or the costs or attorney fees connected with that liability; or

(4) must provide an electronic mail address as a condition of entering into the agreement. However, a party may voluntarily provide an electronic mail address if the agreement contains a provision allowing a party to elect to receive notice by electronic mail.
Mont. Code Ann. § 70-9-826 — MT Code / Title 70 / Chapter 9 / Part 8 / Section 70-9-826
70-9-826 Foreign transactions
Status: in_force

70-9-826 . Foreign transactions. This part does not apply to property held, due, and owing in a foreign country and arising out of a foreign transaction.
Mont. Code Ann. § 70-1-404 — MT Code / Title 70 / Chapter 1 / Part 4 / Section 70-1-404
70-1-404 Conditions restraining marriage void
Status: in_force

70-1-404 . Conditions restraining marriage void. Conditions imposing restraints upon marriage, except upon the marriage of a minor, are void, but this does not affect limitations where the intent was not to forbid marriage but only to give the use until marriage.
Mont. Code Ann. § 70-17-210 — MT Code / Title 70 / Chapter 17 / Part 2 / Section 70-17-210
70-17-210 Covenant enforcement and abandonment
Status: in_force

70-17-210 . Covenant enforcement and abandonment. (1) The following persons may initiate a legal action to enforce covenants, conditions, or restrictions:

(a) a party to an agreement containing real property covenants, conditions, or restrictions or the party's successors in interest;

(b) the owner of an interest in real property burdened or benefited by a covenant, condition, or restriction; or

(c) a homeowners' association or other governing body of a real property development subject to covenants, conditions, or restrictions.

(2) The owner of an interest in real property subject to a covenant, condition, or restriction may assert a defense that a covenant, condition, or restriction has been abandoned for purposes of enforcement by offering evidence that no enforcement action has been undertaken for the prescribed period in 27-2-202 . Once a covenant, condition, or restriction is abandoned by a court order or agreed to have been abandoned by the approval of the appropriate association or governing body by recording a notice of abandonment or amendment in the office of the county clerk and recorder of the county where the property is situated, all persons are precluded from undertaking a different interpretation or enforcement action of the abandoned covenant, condition, or restriction against a similarly situated owner of an interest in real property subject to the abandoned covenant, condition, or restriction.

(3) (a) Except as provided in subsection (3)(b), an association or governing body of a real property development that has not met for a period of 15 years is prohibited from taking an enforcement action against the owner of an interest in real property subject to a covenant, condition, or restriction whose use of the property is substantially similar to the nature and scope of the use of other properties in the development.

(b) Covenants, conditions, and restrictions are still valid and enforceable under this subsection (3) if they are otherwise necessary:

(i) to comply with applicable federal, state, and local laws, ordinances, and regulations;

(ii) for an easement or right-of-way;

(iii) for the maintenance of infrastructure or improvements serving the real properties burdened or benefited by the covenants, conditions, or restrictions;

(iv) to comply with a court order or the approval provided by a government on the establishment of the covenants, conditions, and restrictions;

(v) for the installation, maintenance, or removal of utilities; or

(vi) to abate a nuisance.

(4) For the purposes of this section and as it pertains to a parcel owner's defense, "enforcement action" related to a covenant means that the covenant was equally and consistently enforced under whatever method an association uses to enforce covenants on all properties subject to the covenant over at least a 2-year period.
Mont. Code Ann. § 70-17-110 — MT Code / Title 70 / Chapter 17 / Part 1 / Section 70-17-110
70-17-110 Action by owner of servient tenement for possession
Status: in_force

70-17-110 . Action by owner of servient tenement for possession. The owner in fee of a servient tenement may maintain an action for the possession of the land against any one unlawfully possessed thereof though a servitude exists thereon in favor of the public.
Mont. Code Ann. § 70-16-702 — MT Code / Title 70 / Chapter 16 / Part 7 / Section 70-16-702
70-16-702 Definitions
Status: in_force

70-16-702 . Definitions. As used in this part, the following definitions apply:

(1) "Inhabitable real property" means any real property that includes a building affixed to land. The building must be designed to be primarily occupied by humans, either as a dwelling or as a place of business.

(2) "Mold" means any mold, fungus, mildew, or spores.

(3) "Person" means an individual, partnership, corporation, sole proprietorship, firm, enterprise, franchise, association, consultant, state or municipal agency, political subdivision of the state, or any other entity.
Mont. Code Ann. § 70-30-302 — MT Code / Title 70 / Chapter 30 / Part 3 / Section 70-30-302
70-30-302 Assessing compensation -- date and measure -- interest
Status: in_force

70-30-302 . Assessing compensation -- date and measure -- interest. (1) For the purpose of assessing compensation, the right to compensation is considered to have accrued at the date of the service of the summons, and the property's current fair market value as of that date is the measure of compensation for all property to be actually taken and the basis of depreciation in the current fair market value of property not actually taken but injuriously affected. This subsection may not be construed to limit the amount of compensation payable by the department of transportation under the provisions of any legislation enacted pursuant to the federal Highway Beautification Act of 1965.

(2) If an order is made allowing the condemnor to take possession, as provided in 60-4-104 (4) and (5) and 70-30-311 , the full amount finally awarded must draw interest at the rate of 10% a year from the date of the service of the summons to the earlier of the following dates:

(a) the date on which the right to appeal to the Montana supreme court expires or, if an appeal is filed, the date of final decision by the supreme court; or

(b) the date on which the condemnee withdraws from the court the full amount finally awarded.

(3) If the condemnee withdraws from the court a fraction of the amount finally awarded, interest on that fraction ceases on the date it is withdrawn but interest on the remainder of the amount finally awarded continues to the earlier of the dates referred to in subsections (2)(a) and (2)(b) until the full amount is withdrawn from the court.

(4) None of the amount finally awarded draws interest after the date on which the right to appeal to the Montana supreme court expires.

(5) Improvements put upon the property subsequent to the date of the service of summons may not be included in the assessment of compensation or depreciation in current fair market value and may not be used as the basis of computing compensation or depreciation.
Mont. Code Ann. § 70-21-206 — MT Code / Title 70 / Chapter 21 / Part 2 / Section 70-21-206
70-21-206 Recording of return of sale under court decree
Status: in_force

70-21-206 . Recording of return of sale under court decree. Where real estate is sold under a decree of court, return of such sale shall be made and filed in the office of the clerk of court. The clerk shall record the return so made the same as if it were to an execution wherein a levy upon real estate had been made, provided that where the return contains a true copy of the decree of court under which such sale was made, the clerk shall record all of the return except such copy of the decree and, in lieu of recording such copy, shall insert in the record the following:

"The original judgment and decree, the true copy which is set forth in this return, is recorded in judgment book ...., at pages .... to ...., inclusive, thereof."
Mont. Code Ann. § 70-16-401 — MT Code / Title 70 / Chapter 16 / Part 4 / Section 70-16-401
70-16-401 Reentry -- when and how to be made
Status: in_force

70-16-401 . 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 chapter 27.
Mont. Code Ann. § 70-25-202 — MT Code / Title 70 / Chapter 25 / Part 2 / Section 70-25-202
70-25-202 List of damages and refund -- delivery to departing tenant
Status: in_force

70-25-202 . List of damages and refund -- delivery to departing tenant. (1) Except as provided in subsection (2):

(a) (i) Each landlord, within 30 days subsequent to the termination of a tenancy or within 30 days subsequent to a surrender and acceptance of the leasehold premises, whichever occurs first, shall provide the departing tenant with a written list of any rent due and any damage and cleaning charges, brought after the provisions of 70-25-201 have been followed, with regard to the leasehold premises that the landlord alleges are the responsibility of the tenant. Delivery of the list must be accompanied by payment of the difference, if any, between the security deposit and the permitted charges set forth in 70-25-201 .

(ii) Delivery of the refund must be accomplished by different forms of payment that include electronic fund transfers, cash, check, or other forms of refund, or by mailing the security deposit to the new address provided by the tenant or, if a new address is not provided, to the tenant's last-known address. Delivery of the written list must be noticed pursuant to 70-24-108 or 70-33-106 .

(b) (i) If after inspection there are no damages to the premises, no cleaning required, and no rent unpaid and if the tenant can demonstrate that no utilities are unpaid by the tenant, the landlord shall return the security deposit within 10 days.

(ii) Delivery of the refund must be accomplished by different forms of payment that include electronic fund transfers, cash, check, or other forms of refund, or by mailing the security deposit to the new address provided by the tenant or, if a new address is not provided, to the tenant's last-known address. Delivery of the written list must be noticed pursuant to 70-24-108 and 70-33-106 .

(c) It is not a wrongful withholding of security deposit funds if the landlord mails the funds to the last-known address of a tenant who has departed and the tenant does not receive the funds because the tenant has not given the landlord the tenant's new address, but the landlord remains liable to the tenant for the amount due the tenant.

(2) This section does not apply if a rental agreement is terminated pursuant to 70-24-427 or 70-33-427 and the landlord has a pending claim filed in court.
Mont. Code Ann. § 70-9-806 — MT Code / Title 70 / Chapter 9 / Part 8 / Section 70-9-806
70-9-806 Dormancy charge
Status: in_force

70-9-806 . Dormancy charge. A holder may deduct from property presumed abandoned a charge imposed by reason of the owner's failure to claim the property within a specified time only if there is a valid and enforceable written contract between the holder and the owner under which the holder may impose the charge and the holder regularly imposes the charge, which is not regularly reversed or otherwise canceled. The amount of the deduction is limited to an amount that is not unconscionable.
Mont. Code Ann. § 70-24-321 — MT Code / Title 70 / Chapter 24 / Part 3 / Section 70-24-321
70-24-321 Tenant to maintain dwelling unit
Status: in_force

70-24-321 . Tenant to maintain dwelling unit. (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 from the dwelling unit all ashes, garbage, rubbish, and other waste in a clean and safe manner;

(d) keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;

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

(f) 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

(g) use the parts of the premises, including the living room, bedroom, kitchen, bathroom, and dining room, in a reasonable manner, considering the purposes for which they were designed and intended. 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.

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

(3) 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, including but not limited to any of the following activities:

(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. § 70-24-422 — MT Code / Title 70 / Chapter 24 / Part 4 / Section 70-24-422
70-24-422 Noncompliance of tenant generally -- landlord's right of termination -- damages -- injunction
Status: in_force

70-24-422 . Noncompliance of tenant generally -- landlord's right of termination -- damages -- injunction. (1) Except as provided in this chapter, if there is a noncompliance by the tenant with the rental agreement or a noncompliance with 70-24-321 , the landlord may deliver a written notice to the tenant pursuant to 70-24-108 specifying the acts and omissions constituting the noncompliance, that the rental agreement will terminate, and that the tenant shall vacate the premises on a date specified in the notice not less than the minimum number of days after receipt of the notice provided for in this section. The rental agreement terminates and the tenant shall vacate the premises as provided in the notice, subject to the following:

(a) If the noncompliance is remediable by repairs, the payment of damages, or written approval of the landlord and the tenant remedies the noncompliance before the date specified in the notice, the rental agreement does not terminate.

(b) If the noncompliance involves an unauthorized pet, the notice period is 3 days.

(c) If the noncompliance involves unauthorized persons residing in the rental unit, the notice period is 3 days.

(d) If the noncompliance is not listed in subsection (1)(b), (1)(c), or (1)(f), the notice period is 14 days.

(e) If substantially the same act or omission that constituted a prior noncompliance of which notice was given recurs within 6 months, the landlord may terminate the rental agreement upon at least 5 days' written notice specifying the noncompliance and the date of the termination of the rental agreement.

(f) If the noncompliance is from verbal abuse of the landlord by a tenant, the landlord may terminate the rental agreement on giving 3 days' written notice. If the tenant adequately remedies the noncompliance, the rental agreement does not terminate.

(2) If rent is unpaid when due and the tenant fails to pay rent within 3 days after written notice by the landlord of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period, the landlord may terminate the rental agreement, and the tenant shall vacate the premises if the landlord terminates the rental agreement.

(3) If the tenant destroys, defaces, damages, impairs, or removes any part of the premises in violation of 70-24-321 (2), the landlord may terminate the rental agreement upon giving 3 days' written notice specifying the noncompliance under the provisions of 70-24-321 (2), and the tenant shall vacate the premises if the landlord terminates the rental agreement.

(4) If the tenant creates a reasonable potential that the premises may be damaged or destroyed or that neighboring tenants may be injured in violation of 70-24-321 (3), the landlord may terminate the rental agreement upon giving 3 days' written notice specifying the violation and noncompliance under the provisions of 70-24-321 (3), and the tenant shall vacate the premises if the landlord terminates the rental agreement.

(5) Except as 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 70-24-321 . Except as provided in subsection (6), if the tenant's noncompliance is purposeful, the landlord may recover treble damages.

(6) Treble damages may not be recovered for the tenant's early termination of the tenancy.

(7) The landlord is not bound by this section in the event that the landlord elects to use the 30-day notice for termination of tenancy as provided in 70-24-441 .
Mont. Code Ann. § 70-33-410 — MT Code / Title 70 / Chapter 33 / Part 4 / Section 70-33-410
70-33-410 Action for nonpayment of rent -- tenant's counterclaim
Status: in_force

70-33-410 . Action for nonpayment of rent -- tenant's counterclaim. (1) (a) In an action for possession based upon nonpayment of the rent or in an action for rent when the tenant is in possession, the tenant may counterclaim for any amount recoverable under the rental agreement or this chapter.

(b) (i) The court may order the tenant to pay into court all or part of the rent accrued and afterwards accruing, and the court shall determine the amount due to each party.

(ii) A party to whom a net amount is owed must be paid first from the money paid into court, and the balance must be paid by the other party.

(iii) The court may at any time release money paid into the court to any party if the parties agree or if the court finds a party is entitled to the money.

(c) If there is no rent remaining due after application of this section, judgment must be entered for the tenant in an action for possession.

(2) In an action for rent when the tenant is not in possession, the tenant may counterclaim as provided in subsection (1) but may not be required to pay any rent into court.
Mont. Code Ann. § 70-15-211 — MT Code / Title 70 / Chapter 15 / Part 2 / Section 70-15-211
70-15-211 Remainder
Status: in_force

70-15-211 . Remainder. When a future estate, other than a reversion, is dependent on a precedent estate, it may be called a remainder and may be created and transferred by that name.
Mont. Code Ann. § 70-4-202 — MT Code / Title 70 / Chapter 4 / Part 2 / Section 70-4-202
70-4-202 Uniting of materials of maker and other
Status: in_force

70-4-202 . Uniting of materials of maker and other. When a person has made use of materials that in part belong to the person and in part to another in order to form a thing of a new description without having destroyed any of the materials but in a way that they cannot be separated without inconvenience, the thing formed is common to both proprietors in proportion, as respects the one, of the materials belonging to the person and, as respects the other, of the materials belonging to the other and the price of the other's workmanship.
Mont. Code Ann. § 70-20-312 — MT Code / Title 70 / Chapter 20 / Part 3 / Section 70-20-312
70-20-312 Grant on condition precedent
Status: in_force

70-20-312 . Grant on condition precedent. An instrument purporting to be a grant of real property to take effect upon condition precedent passes the estate upon the performance of the condition.
Mont. Code Ann. § 70-20-501 — MT Code / Title 70 / Chapter 20 / Part 5 / Section 70-20-501
70-20-501 Definitions
Status: in_force

70-20-501 . Definitions. Unless the context requires otherwise, in this part the following definitions apply:

(1) "Adverse material fact" means a condition, malfunction, or problem that would have a materially adverse effect on the monetary value of real property, that affects the structural integrity of any improvements located on the real property, or that presents a documented health risk to occupants of the real property or would impair the health or safety of future occupants of the real property.

(2) "Buyer" means one or more persons who are attempting to acquire an ownership interest in real property.

(3) "Contract" means a real estate purchase contract between a buyer and a seller for the sale, conveyance, or exchange of real property, the option to purchase real property, or a lease with an option to purchase real property.

(4) "Disclosure statement" means the statement described in 70-20-502 (1).

(5) "Offer to purchase" means an offer to transfer real property made by a buyer pursuant to a written contract.

(6) "Person" means an individual, corporation, limited liability company, partnership, association, trust, or other legal entity or any combination of these.

(7) "Residential real property" means real property that is improved by a building or other structure designed or intended for occupancy as a residence and that has one to four dwelling units or an individually owned unit in a structure of any size and includes:

(a) real property that has a combined residential and commercial use;

(b) a manufactured home that has been declared an improvement to real property under 15-1-116 ; and

(c) a condominium as defined in 70-23-102 (7).

(8) "Seller" means one or more persons who are attempting to transfer an ownership interest in real property.

(9) "Transfer" means a sale or conveyance of, exchange of, or option to purchase by written instrument an ownership interest in real property for consideration.
Mont. Code Ann. § 70-9-817 — MT Code / Title 70 / Chapter 9 / Part 8 / Section 70-9-817
70-9-817 Election to take payment or delivery
Status: in_force

70-9-817 . Election to take payment or delivery. (1) The administrator may decline to receive property reported under this part that the administrator considers to have a value less than the expenses of notice and sale.

(2) A holder, with the written consent of the administrator and upon conditions and terms prescribed by the administrator, may report and deliver property before the property is presumed abandoned. Property that is delivered must be held by the administrator and is not presumed abandoned until it otherwise would be presumed abandoned under this part.
Mont. Code Ann. § 70-1-323 — MT Code / Title 70 / Chapter 1 / Part 3 / Section 70-1-323
70-1-323 Future interest -- when vested
Status: in_force

70-1-323 . Future interest -- when vested. A future interest is vested when there is a person in being who would have a right, defeasible or indefeasible, to the immediate possession of the property upon the ceasing of the intermediate or precedent interest.
Mont. Code Ann. § 70-7-204 — MT Code / Title 70 / Chapter 7 / Part 2 / Section 70-7-204
70-7-204 Contract not to be modified by lender
Status: in_force

70-7-204 . Contract not to be modified by lender. A lender for exchange cannot require the borrower to fulfill the borrower's obligations at a time or in a manner different from that which was originally agreed upon.
Mont. Code Ann. § 70-32-213 — MT Code / Title 70 / Chapter 32 / Part 2 / Section 70-32-213
70-32-213 Sale proceeds equal to exemption protected
Status: in_force

70-32-213 . Sale proceeds equal to exemption protected. The money paid to the claimant is entitled, for the period of 18 months thereafter, to the same protection against legal process and the voluntary disposition of either spouse which the law gives to the homestead.
Mont. Code Ann. § 70-33-312 — MT Code / Title 70 / Chapter 33 / Part 3 / Section 70-33-312
70-33-312 Access to premises by landlord
Status: in_force

70-33-312 . Access to premises by landlord. (1) A tenant may not unreasonably withhold consent to the landlord or the landlord's agent to enter the lot in order to inspect the premises, make necessary or agreed repairs, alterations, or improvements, supply necessary or agreed services, or exhibit the lot to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.

(2) A landlord may enter the lot without consent of the tenant in case of emergency.

(3) (a) A landlord may not abuse the right of access or use it to harass the tenant. Except in case of emergency or unless it is impracticable to do so, the landlord shall give the tenant at least 24 hours' notice of the intent to enter and may enter only at reasonable times.

(b) For the purposes of this subsection (3), in addition to the provisions of 70-33-106 , a tenant has notice of the intent to enter if the landlord conspicuously posts the landlord's intent to enter on the main entry door of the dwelling unit.

(4) A landlord has no other right of access except:

(a) pursuant to a court order;

(b) as permitted by 70-33-425 and 70-33-426 (1)(b); or

(c) when the tenant has abandoned or surrendered the premises.

(5) A tenant may not remove a lock or replace or add a lock not supplied by the landlord to the premises without the written permission of the landlord. If a tenant removes a lock or replaces or adds a lock not supplied by the landlord to the premises, the tenant shall provide the landlord with a key to ensure that the landlord will have the right of access as provided by this chapter.
Mont. Code Ann. § 70-1-520 — MT Code / Title 70 / Chapter 1 / Part 5 / Section 70-1-520
70-1-520 Transfer of incidents
Status: in_force

70-1-520 . Transfer of incidents. The transfer of a thing transfers also all its incidents unless expressly excepted, but the transfer of an incident to a thing does not transfer the thing itself.
Mont. Code Ann. § 70-22-210 — MT Code / Title 70 / Chapter 22 / Part 2 / Section 70-22-210
70-22-210 Limit on use of Montana coordinate system NAD 27
Status: in_force

70-22-210 . Limit on use of Montana coordinate system NAD 27. The Montana coordinate system NAD 27 north, central, and south zone may not be used after July 1, 1993; the Montana coordinate system NAD 83 is the sole system to be used after this date.
Mont. Code Ann. § 70-6-105 — MT Code / Title 70 / Chapter 6 / Part 1 / Section 70-6-105
70-6-105 Involuntary deposit as gratuitous
Status: in_force

70-6-105 . Involuntary deposit as gratuitous. An involuntary deposit is gratuitous, the depositary being entitled to no reward.
Mont. Code Ann. § 70-30-111 — MT Code / Title 70 / Chapter 30 / Part 1 / Section 70-30-111
70-30-111 Facts necessary to be found before condemnation
Status: in_force

70-30-111 . Facts necessary to be found before condemnation. (1) Before property can be taken, the condemnor shall show by a preponderance of the evidence that the public interest requires the taking based on the following findings:

(a) the use to which the property is to be applied is a public use pursuant to 70-30-102 ;

(b) the taking is necessary to the public use;

(c) if already being used for a public use, that the public use for which the property is proposed to be used is a more necessary public use;

(d) an effort to obtain the property interest sought to be taken was made by submission of a final written offer prior to initiating condemnation proceedings and the final written offer was rejected.

(2) Subsection (1)(d) does not prohibit the condemnor from making further offers in an effort to obtain the property interest sought to be taken, but offers made after the final written offer is submitted pursuant to subsection (1)(d) may not be used to determine whether the condemnee prevails pursuant to 70-30-305 . The condemnor shall disclose to a property owner that further offers made in accordance with this subsection (2) are not considered the final written offer.
Mont. Code Ann. § 70-24-401 — MT Code / Title 70 / Chapter 24 / Part 4 / Section 70-24-401
70-24-401 Administration of remedies -- enforcement
Status: in_force

70-24-401 . Administration of remedies -- enforcement. (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.
Mont. Code Ann. § 70-17-405 — MT Code / Title 70 / Chapter 17 / Part 4 / Section 70-17-405
70-17-405 Wind option agreements -- contents and requirements -- notarization
Status: in_force

70-17-405 . Wind option agreements -- contents and requirements -- notarization. (1) A wind option agreement executed after April 21, 2011, must contain but is not limited to:

(a) the names and addresses of the parties to the wind option agreement;

(b) a legal description of the real property subject to the wind option agreement;

(c) the specified term beyond which the wind option agreement terminates and the real property is released from the obligations outlined in the wind option agreement;

(d) compensation for the owner of the real property on and over which the wind resource flows; and

(e) other terms and conditions agreed upon by the owner of the real property and the wind energy developer.

(2) A wind option agreement must be notarized.

(3) A wind option agreement may not exceed 20 years unless extended by agreement of the parties.
Mont. Code Ann. § 70-19-301 — MT Code / Title 70 / Chapter 19 / Part 3 / Section 70-19-301
70-19-301 Application to lands conveyed by state
Status: in_force

70-19-301 . Application to lands conveyed by state. The provisions of parts 3 and 4 apply to all lands sold and conveyed before July 1, 1955, by the state of Montana for which a valid consideration was received by the state, provided that the state, at the time of the sale or conveyance, was not precluded by the constitution of Montana or by the terms of the grant of the lands by the United States from selling and disposing of the land. An occupant of a public way or other ground dedicated or appropriated by the state to public use and not subject to sale may not acquire by reason of the occupancy any title to the public way or ground.
Mont. Code Ann. § 70-32-215 — MT Code / Title 70 / Chapter 32 / Part 2 / Section 70-32-215
70-32-215 Costs
Status: in_force

70-32-215 . Costs. The execution creditor must pay the costs of these proceedings in the first instance, but in the cases provided for in 70-32-209 and 70-32-210 , the amount so paid must be added as costs on execution and collected accordingly.
Mont. Code Ann. § 70-9-804 — MT Code / Title 70 / Chapter 9 / Part 8 / Section 70-9-804
70-9-804 Contents of safe deposit box or other safekeeping depository
Status: in_force

70-9-804 . Contents of safe deposit box or other safekeeping depository. Tangible property held in a safe deposit box or other safekeeping depository in this state in the ordinary course of the holder's business and proceeds resulting from the sale of the property permitted by other law are presumed abandoned if the property remains unclaimed by the owner for more than 5 years after expiration of the lease or rental period on the box or other depository.
Mont. Code Ann. § 70-26-202 — MT Code / Title 70 / Chapter 26 / Part 2 / Section 70-26-202
70-26-202 Rent -- when payable
Status: in_force

70-26-202 . Rent -- when payable. When there is no usage or contract to the contrary, rents for real property under an arrangement not governed by chapter 24 of this title are payable at the termination of the holding if it does not exceed 1 year. If the holding is by the day, week, month, quarter, or year, rent is payable at the termination of the respective periods, as it successively becomes due.
Mont. Code Ann. § 70-28-205 — MT Code / Title 70 / Chapter 28 / Part 2 / Section 70-28-205
70-28-205 Complaint
Status: in_force

70-28-205 . Complaint. The action shall be commenced by the filing of a verified complaint in which the parties so commencing the same shall be named as plaintiffs and the defendants shall be described as "all persons claiming any interest in or lien upon the real property herein described or any part thereof" and which shall:

(1) contain a statement of the facts enumerated in 70-28-201 ;

(2) contain a particular description of such real property; and

(3) specify the estate, title, or interest of the plaintiff therein.
Mont. Code Ann. § 70-1-108 — MT Code / Title 70 / Chapter 1 / Part 1 / Section 70-1-108
70-1-108 Personal property defined
Status: in_force

70-1-108 . Personal property defined. (1) Every kind of property that is not real is personal.

(2) Digital assets are considered personal property.

(3) For the purposes of this section, "digital assets" means cryptocurrencies, natively electronic assets, including stable coins and nonfungible tokens, and other digital-only assets that confer economic, proprietary, or access rights or powers.
Mont. Code Ann. § 70-24-430 — MT Code / Title 70 / Chapter 24 / Part 4 / Section 70-24-430
70-24-430 Disposition of personal property abandoned by tenant after termination
Status: in_force

70-24-430 . Disposition of personal property abandoned by tenant after termination. (1) (a) If a tenancy terminates by court order, the personal property is considered abandoned and the landlord may immediately dispose of the personal property as allowed by law.

(b) If a tenancy terminates in any manner other than by court order and the landlord has clear and convincing evidence that the tenant has abandoned all personal property that the tenant has left on the premises and a period of time of at least 48 hours has elapsed since the landlord obtained that evidence, the landlord may immediately remove the abandoned property from the premises and immediately dispose of any trash or personal property that is hazardous, perishable, or valueless.

(c) An item that is clearly labeled "rent to own" or "leased" or likewise identified may be discarded only with confirmation from the lessor that the item does not have a lien, provided that the lessor can be easily identified from the label and the landlord makes a reasonable effort to contact the lessor.

(d) For the purposes of this subsection (1), the following definitions apply:

(i) "Hazardous" means an item that is potentially or actually flammable or a biohazard or an item otherwise capable of inflicting personal harm or injury.

(ii) "Perishable" means any item requiring refrigeration or any food item with a marked expiration date.

(iii) "Valueless" means any item that has an insubstantial resale value but does not include personal photos, jewelry, or other small items that are irreplaceable.

(2) The landlord shall inventory and store all abandoned personal property of the tenant that the landlord reasonably believes is valuable in a place of safekeeping and shall exercise reasonable care for the property. The landlord may charge a reasonable storage and labor charge if the property is stored by the landlord, plus the cost of removal of the property to the place of storage. The landlord may store the property in a commercial storage company, in which case the storage cost includes the actual storage charge plus the cost of removal of the property to the place of storage.

(3) After complying with subsection (2), the landlord shall make a reasonable attempt to notify the tenant in writing that the property must be removed from the place of safekeeping by sending a notice with a certificate of mailing or by certified mail to the last-known address of the tenant, stating that at a specified time, not less than 10 days after mailing the notice, the property will be disposed of if not removed.

(4) The landlord may dispose of the property after complying with subsection (3) by:

(a) selling all or part of the property at a public or private sale; or

(b) destroying or otherwise disposing of all or part of the property if the landlord reasonably believes that the value of the property is so low that the cost of storage or sale exceeds the reasonable value of the property.

(5) If the tenant, upon receipt of the notice provided in subsection (3), responds in writing to the landlord on or before the day specified in the notice that the tenant intends to remove the property and does not do so within 7 days after delivery of the tenant's response, the tenant's property whether of value or not is conclusively presumed to be abandoned. If the tenant removes the property, the landlord is entitled to storage costs for the period that the property remains in safekeeping, plus the cost of removal of the property to the place of storage. Reasonable storage costs are allowed a landlord who stores the property, and actual storage costs are allowed a landlord who stores the property in a commercial storage company. A landlord is entitled to payment of the storage costs allowed under this subsection before the tenant may remove the property.

(6) The landlord is not responsible for any loss to the tenant resulting from storage unless the loss is caused by the landlord's purposeful or negligent act. On the event of purposeful violation, the landlord is liable for actual damages.

(7) A public or private sale authorized by this section must be conducted under the provisions of 30-9A-610 or the sheriff's sale provisions of Title 25, chapter 13, part 7.

(8) The landlord may deduct from the proceeds of the sale the reasonable costs of notice, storage, labor, and sale and any delinquent rent or damages owing on the premises and shall remit to the tenant the remaining proceeds, if any, together with an itemized accounting. If the tenant cannot after due diligence be found, the remaining proceeds must be deposited with the county treasurer of the county in which the sale occurred and, if not claimed within 3 years, must revert to the general fund of the county available for general purposes.

(9) The landlord shall ensure that the terms of this section are included in plain and understandable language as a notification upon termination of the lease or rental agreement.
Mont. Code Ann. § 70-6-208 — MT Code / Title 70 / Chapter 6 / Part 2 / Section 70-6-208
70-6-208 Notice to owner of adverse claim
Status: in_force

70-6-208 . Notice to owner of adverse claim. A depositary shall give prompt notice to the person for whose benefit the deposit was made of any proceedings taken adversely to the person's interest in the thing deposited that may tend to excuse the depositary from delivering the thing to the person.
Mont. Code Ann. § 70-17-211 — MT Code / Title 70 / Chapter 17 / Part 2 / Section 70-17-211
70-17-211 Findings -- purpose
Status: in_force

70-17-211 . Findings -- purpose. The legislature finds and declares that transfer fee covenants, as defined in 70-17-212 , impair the marketability and transferability of real property by constituting an unreasonable restraint on alienation regardless of the duration of the covenants or the amount of the transfer fees. The purpose of 70-17-212 and this section is to prohibit transfer fee covenants from running with the title to real property or binding subsequent owners of the property under common law or equitable principles.
Mont. Code Ann. § 70-17-102 — MT Code / Title 70 / Chapter 17 / Part 1 / Section 70-17-102
70-17-102 Servitudes not attached to land
Status: in_force

70-17-102 . Servitudes not attached to land. The following land burdens or servitudes upon land may be granted and held though not attached to land:

(1) the right of pasture and of fishing and taking game;

(2) the right of a seat in church;

(3) the right of burial;

(4) the right of taking rents and tolls;

(5) the right-of-way;

(6) the right of taking water, wood, minerals, or other things;

(7) the right of conserving open space to preserve park, recreational, historic, aesthetic, cultural, and natural values on or related to land.
Mont. Code Ann. § 70-33-405 — MT Code / Title 70 / Chapter 33 / Part 4 / Section 70-33-405
70-33-405 Landlord's failure to maintain premises -- tenant's remedies
Status: in_force

70-33-405 . Landlord's failure to maintain premises -- tenant's remedies. (1) Unless otherwise provided in this chapter, if there is a noncompliance with 70-33-303 affecting health and safety, the following procedures apply:

(a) The tenant may deliver a written notice to the landlord specifying the nature of the breach and that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice if the breach is not remedied in 14 days. If the noncompliance results in a case of emergency and the landlord fails to remedy the situation within 3 working days after written notice by the tenant of the situation and the tenant's intention to terminate the rental agreement, the tenant may terminate the rental agreement. The rental agreement terminates as provided in the notice subject to the following exceptions:

(i) if the breach is remediable by repairs, the payment of damages, or otherwise and the landlord adequately remedies the breach before the date specified in the notice, the rental agreement does not terminate by reason of the breach;

(ii) if substantially the same act or omission that constituted a prior noncompliance of which notice was given recurs within 6 months, the tenant may terminate the rental agreement upon at least 14 days' written notice specifying the breach and the date of termination of the rental agreement;

(iii) the tenant may not terminate the rental agreement for a condition caused by the tenant, a member of the tenant's family, or any other persons on the premises with the tenant's consent.

(b) (i) The tenant may make repairs that do not cost more than 1 month's rent and deduct the cost from the rent if the tenant has given the landlord notice and the landlord has not made the repairs within a reasonable time. If the repair is required in a case of emergency and the landlord has not made the repairs, the tenant may have repairs made only by a person qualified to make the repairs.

(ii) If the landlord fails to comply with the rental agreement or 70-33-303 and the reasonable cost of compliance is less than 1 month's rent, the tenant may recover damages for the breach under subsection (2).

(2) Unless otherwise provided in this chapter, the tenant may recover actual damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or 70-33-303 .

(3) The remedy provided in subsection (2) is in addition to a right of the tenant arising under subsection (1).

(4) If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant pursuant to Title 70, chapter 25.
Mont. Code Ann. § 70-16-202 — MT Code / Title 70 / Chapter 16 / Part 2 / Section 70-16-202
70-16-202 Owner of land bounded by road
Status: in_force

70-16-202 . Owner of land bounded by road. An owner of land bounded by a road or street is presumed to own to the center thereof, but the contrary may be shown.
Mont. Code Ann. § 70-19-402 — MT Code / Title 70 / Chapter 19 / Part 4 / Section 70-19-402
70-19-402 Action or defense arising out of title to property or profits -- possession within 5 years required
Status: in_force

70-19-402 . Action or defense arising out of title to property or profits -- possession within 5 years required. No cause of action or defense to an action, arising out of the title to real property or to rents or profits out of the same, can be effectual unless it appear that the person prosecuting the action or making the defense or under whose title the action is prosecuted or the defense is made or the ancestor, predecessor, or grantor of such person was seized or possessed of the premises in question within 5 years before the commencement of the act in respect to which such action is prosecuted or defense made.
Mont. Code Ann. § 70-24-423 — MT Code / Title 70 / Chapter 24 / Part 4 / Section 70-24-423
70-24-423 Waiver of landlord's right to terminate for breach
Status: in_force

70-24-423 . Waiver of landlord's right to terminate for breach. 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. 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. The acceptance of partial payment of rent due does not constitute a waiver of any right, including rent due.
Mont. Code Ann. § 70-24-406 — MT Code / Title 70 / Chapter 24 / Part 4 / Section 70-24-406
70-24-406 Failure of landlord to maintain premises -- tenant's remedies
Status: in_force

70-24-406 . Failure of landlord to maintain premises -- tenant's remedies. (1) Except as provided in this chapter, if there is a noncompliance with 70-24-303 affecting health and safety, the tenant may:

(a) deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice if the breach is not remedied in 14 days. If the noncompliance results in a case of emergency and the landlord fails to remedy the situation within 3 working days after written notice by the tenant of the situation and the tenant's intention to terminate the rental agreement, the tenant may terminate the rental agreement. The rental agreement terminates as provided in the notice subject to the following exceptions:

(i) if the breach is remediable by repairs, the payment of damages, or otherwise and the landlord adequately remedies the breach before the date specified in the notice, the rental agreement does not terminate by reason of the breach;

(ii) if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within 6 months, the tenant may terminate the rental agreement upon at least 14 days' written notice specifying the breach and the date of termination of the rental agreement;

(iii) the tenant may not terminate for a condition caused by the tenant, a member of the tenant's family, or other persons on the premises with the tenant's consent.

(b) make repairs that do not cost more than 1 month's rent and deduct the cost from the rent if the tenant has given the landlord notice and the landlord has not made the repairs within a reasonable time. If the repair is required in a case of emergency and the landlord has not made the repairs, the tenant may have repairs made only by a person qualified to make the repairs.

(2) Except as provided in this chapter, the tenant may recover actual damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or 70-24-303 .

(3) The remedy provided in subsection (2) of this section is in addition to a right of the tenant arising under subsection (1).

(4) If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant pursuant to chapter 25 of this title.
Mont. Code Ann. § 70-9-828 — MT Code / Title 70 / Chapter 9 / Part 8 / Section 70-9-828
70-9-828 Rules
Status: in_force

70-9-828 . Rules. The administrator may adopt, pursuant to Title 2, chapter 4, rules necessary to carry out this part.
Mont. Code Ann. § 70-25-102 — MT Code / Title 70 / Chapter 25 / Part 1 / Section 70-25-102
70-25-102 Application of chapter
Status: in_force

70-25-102 . Application of chapter. This chapter applies to all rentals of dwellings subject to Title 70, chapter 24, or Title 70, chapter 33.
Mont. Code Ann. § 70-23-1101 — MT Code / Title 70 / Chapter 23 / Part 11 / Section 70-23-1101
70-23-1101 Conversion of condominium to townhouse
Status: in_force

70-23-1101 . Conversion of condominium to townhouse. (1) A condominium may be converted to a townhome or townhouse only if:

(a) no other structure occupies the vertical air space above or below the unit's converted footprint;

(b) all condominium units subject to the recorded condominium declaration are simultaneously converted to townhome or townhouse units; and

(c) all of the unit owners owning units subject to the recorded condominium declaration consent to the conversion by executing and recording an instrument to that effect and adhering to the requirements of this section.

(2) If a condominium unit is affected by a lien, the unit owner shall obtain the lienholder's written consent to the conversion. If a lienholder does not provide written consent to the conversion, the unit owner may consent on behalf of the lienholder only according to the following provisions:

(a) The unit owner shall deliver by certified mail, return receipt requested, to each affected lienholder or its servicer at the address specified in the recorded trust indenture or mortgage, the address specified in the last recorded assignment of the trust indenture or the mortgage, if any, and the address specified in the last mailed request for loan payment the following documents:

(i) written notification pursuant to 70-23-1102 ;

(ii) a litigation guarantee, provided that:

(A) the form of the guarantee has been approved by the insurance commissioner and is issued by a licensed title insurance producer;

(B) the guarantee was ordered on the unit by the person required to give notice; and

(C) the guarantee lists the identities and addresses of the parties of record that have an interest in or a possible claim of an interest in the unit designed to disclose all parties of record that would otherwise be necessary to name in a quiet title action;

(iii) the proposed declaration and bylaws for the converted townhomes or townhouses that:

(A) provides that the percentage of the undivided interest of each unit owner in the common area is the same as the percentage of undivided interest owned by the owner in the common elements prior to the conversion; and

(B) provides for the continuation of the prior condominium association of unit owners as a townhouse association of unit owners;

(iv) a surveyed site plan that:

(A) includes the boundaries of the footprint beneath each converted unit and any limited common elements, such as decks, patios, and walkways, that will be included in the conversion; and

(B) depicts the corners and boundaries of the property underlying each converted townhome or townhouse; and

(v) an appraisal of the fair market value of the unit presuming that the unit had been converted to a townhome or townhouse for the purpose of establishing that the fair market value of the unit as a townhome or townhouse is not less than the fair market value of the existing condominium unit.

(b) Within 120 days of the date of the mailing in subsection (2)(a), a lienholder may object only by:

(i) recording its objection with the office of the county clerk and recorder of the county in which the unit is situated; and

(ii) mailing notification of its objection by certified mail, return receipt requested, to the unit owner at the address specified on the notice of intent received pursuant to 70-23-1102 .

(c) If a lienholder does not register an objection pursuant to subsection (2)(b), the lienholder is considered to have consented to the conversion after the expiration of the 120-day period.

(3) (a) Except as provided in subsection (3)(b), if the unit subject to conversion is not affected by a lien or if each lienholder has consented or is considered to have consented to the conversion pursuant to this section, the conversion is effective upon the recording of all of the following documents pertaining to each of the condominium units on the property with the office of the county clerk and recorder of the county in which the property is situated:

(i) an affidavit stating that the owner mailed the required notices of intent pursuant to 70-23-1102 ;

(ii) the declaration and bylaws, which must be substantially the same as the proposed declaration and bylaws specified in subsection (2)(a)(iii);

(iii) the surveyed site plan referenced in subsection (2)(a)(iv); and

(iv) evidence of the written consent of each affected lienholder. Sufficient evidence of written consent may be made through documents including but not limited to deeds, loan modifications, or the instrument reflecting a unit owner's consent on behalf of the lienholder as provided in 70-23-1103 .

(b) If a lienholder is considered to have consented pursuant to subsection (2)(c), the unit owner may record the documents within 45 days after the expiration of the 120-day period provided in subsection (2)(b).
Mont. Code Ann. § 70-16-102 — MT Code / Title 70 / Chapter 16 / Part 1 / Section 70-16-102
70-16-102 Rights of life tenant
Status: in_force

70-16-102 . Rights of life tenant. The owner of a life estate may use the land in the same manner as the owner of a fee simple, except that the owner of the life estate may not do an act to the injury of the inheritance.
Mont. Code Ann. § 70-1-506 — MT Code / Title 70 / Chapter 1 / Part 5 / Section 70-1-506
70-1-506 Oral transfer permitted
Status: in_force

70-1-506 . Oral transfer permitted. A transfer may be made without writing in every case in which a writing is not expressly required by statute.
Mont. Code Ann. § 70-28-210 — MT Code / Title 70 / Chapter 28 / Part 2 / Section 70-28-210
70-28-210 Jurisdiction acquired by service -- complete
Status: in_force

70-28-210 . Jurisdiction acquired by service -- complete. Upon the completion of the publication and posting of the summons and its service upon and mailing to the persons, if any, upon whom it is hereby directed to be so specially served, the court shall have full and complete jurisdiction over the plaintiff and the property and of the person of every one having or claiming any estate, right, title, or interest in or to or lien upon such property or any part thereof and shall be deemed to have obtained the possession and control of said property for the purposes of the action and shall have full and complete jurisdiction to render the judgment therein which is provided for in this part.
Mont. Code Ann. § 70-1-107 — MT Code / Title 70 / Chapter 1 / Part 1 / Section 70-1-107
70-1-107 Choice of law as to real property
Status: in_force

70-1-107 . Choice of law as to real property. Real property within this state is governed by the law of this state, except where the title is in the United States.
Mont. Code Ann. § 70-1-504 — MT Code / Title 70 / Chapter 1 / Part 5 / Section 70-1-504
70-1-504 Possibility not transferable
Status: in_force

70-1-504 . Possibility not transferable. A mere possibility not coupled with an interest cannot be transferred.
Mont. Code Ann. § 70-15-205 — MT Code / Title 70 / Chapter 15 / Part 2 / Section 70-15-205
70-15-205 Remainder limited upon fee tail valid -- vesting
Status: in_force

70-15-205 . Remainder limited upon fee tail valid -- vesting. When a remainder in fee is limited upon any estate that would by the common law be adjudged a fee tail, the remainder is valid as a contingent limitation upon a fee and vests in possession on the death of the first taker without issue living at the time of the first taker's death.
Mont. Code Ann. § 70-23-1103 — MT Code / Title 70 / Chapter 23 / Part 11 / Section 70-23-1103
70-23-1103 Consent by unit owner on behalf of lienholder
Status: in_force

70-23-1103 . Consent by unit owner on behalf of lienholder. The instrument reflecting a unit owner's consent on behalf of the lienholder to convert a secured property from a condominium to a townhome or townhouse must be in substantially the following form:

"(Unit owner) hereby consents on behalf of (name of lienholder), whose lien is evidenced by a trust indenture or mortgage recorded in ........ County on ..... day of ...., ...., in book ...... at page ...... as entry number ...... to the following property in ........ County being converted from a condominium described as ........... to a townhome or townhouse described as ...........

The undersigned unit owner certifies as follows:

(1) In accordance with the requirements of 70-23-1101 and 70-23-1102 , MCA, the unit owner has delivered to the lienholder a notice of intent by a unit owner to a lienholder to convert a condominium to a townhome or townhouse.

(2) The lienholder has not affirmatively consented to the conversion, but the unit owner did not receive a notice of objection to the conversion from the lienholder within 120 days of the date of the notice of intent to convert a condominium to a townhome or townhouse as required to object to the conversion by 70-23-1101 , MCA.

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

......... (Notarization)"
Mont. Code Ann. § 70-1-420 — MT Code / Title 70 / Chapter 1 / Part 4 / Section 70-1-420
70-1-420 Future interest limited to class -- posthumous children
Status: in_force

70-1-420 . Future interest limited to class -- posthumous children. When a future interest is limited to successors, heirs, issue, or children, posthumous children are entitled to take in the same manner as if living at the death of their parent.
Mont. Code Ann. § 70-22-102 — MT Code / Title 70 / Chapter 22 / Part 1 / Section 70-22-102
70-22-102 Purpose
Status: in_force

70-22-102 . Purpose. It is the purpose of this part to protect and perpetuate public land survey corners and information concerning the location of such corners by requiring the systematic establishment of monuments and recording of information concerning the marking of the location of such public land survey corners and to allow the systematic location of other property corners thereby providing for property security and a coherent system of property location and identification of ownerships and thereby eliminating the repeated necessity for reestablishment and relocations of such corners where once they are established and located.
Mont. Code Ann. § 70-19-428 — MT Code / Title 70 / Chapter 19 / Part 4 / Section 70-19-428
70-19-428 Construction defect disputes -- damages
Status: in_force

70-19-428 . Construction defect disputes -- damages. (1) In a suit subject to 70-19-427 and this section, the claimant may recover only the following damages proximately caused by a construction defect:

(a) the reasonable cost of repairs necessary to cure any construction defect, including any reasonable and necessary engineering or consulting fees required to evaluate and cure the construction defect, that the contractor is responsible for repairing under 70-19-427 ;

(b) the reasonably necessary expenses of temporary housing during the repair period;

(c) the reduction in market value, if any, to the extent the reduction is due to a construction defect; and

(d) reasonable costs and attorney fees.

(2) Sections 70-19-426 , 70-19-427 , and this section do not supersede contractual alternative dispute resolution procedures contained in a contract between a claimant and a construction professional.
Mont. Code Ann. § 70-28-104 — MT Code / Title 70 / Chapter 28 / Part 1 / Section 70-28-104
70-28-104 Parties defendant -- unknown claimants
Status: in_force

70-28-104 . Parties defendant -- unknown claimants. (1) In any action brought under 70-28-101 and 70-28-103 , the plaintiff may join as defendants any or all persons, known or 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 adverse to plaintiff's ownership or any cloud upon plaintiff's title, whether the claim or possible claim be present or contingent, including the person or persons in possession if the plaintiff is not in possession.

(2) If the plaintiff desires to obtain a complete adjudication of the title to the real estate described in the complaint, the plaintiff may name as defendants all known persons who assert or who might assert any claim as specified in subsection (1) and may join as defendants all persons unknown who might make any claim by adding in the caption of the complaint in the action the words "and all other 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 adverse to plaintiff's ownership or any cloud upon plaintiff's title, whether the claim or possible claim is present or contingent".
Mont. Code Ann. § 70-17-108 — MT Code / Title 70 / Chapter 17 / Part 1 / Section 70-17-108
70-17-108 Rights of owner of future estate in dominant tenement
Status: in_force

70-17-108 . Rights of owner of future estate in dominant tenement. The owner of a future estate in a dominant tenement may use easements attached thereto for the purpose of viewing waste, demanding rent, or removing an obstruction to the enjoyment of such easements although such tenement is occupied by a tenant.
Mont. Code Ann. § 70-22-108 — MT Code / Title 70 / Chapter 22 / Part 1 / Section 70-22-108
70-22-108 Corner records to be certified
Status: in_force

70-22-108 . Corner records to be certified. A corner record may not be filed unless the record is signed by a registered surveyor and stamped with the surveyor's seal, or in the case of an agency of the United States government or the state of Montana, the certificate may be signed by the survey party chief making the survey and approved, signed, and sealed by the registered surveyor in responsible charge of the agency.
Mont. Code Ann. § 70-9-818 — MT Code / Title 70 / Chapter 9 / Part 8 / Section 70-9-818
70-9-818 Destruction or disposition of property having no substantial commercial value -- immunity from liability
Status: in_force

70-9-818 . Destruction or disposition of property having no substantial commercial value -- immunity from liability. If the administrator determines after investigation that property delivered under this part has no substantial commercial value, the administrator may destroy or otherwise dispose of the property at any time. An action or proceeding may not be maintained against the state or any officer or against the holder for or on account of an act of the administrator under this section except for intentional misconduct or malfeasance.
Mont. Code Ann. § 70-21-305 — MT Code / Title 70 / Chapter 21 / Part 3 / Section 70-21-305
70-21-305 Abstract of conveyance -- effect of recording
Status: in_force

70-21-305 . Abstract of conveyance -- effect of recording. An abstract of a conveyance or encumbrance of real property, which abstract is acknowledged or proved and certified and recorded as prescribed by law, shall have the same effect for all purposes of this part as if the conveyance or encumbrance of real property had been acknowledged or proved and certified and recorded as prescribed by law.
Mont. Code Ann. § 70-23-607 — MT Code / Title 70 / Chapter 23 / Part 6 / Section 70-23-607
70-23-607 Claim for common expenses -- priority of lien -- contents -- recording
Status: in_force

70-23-607 . Claim for common expenses -- priority of lien -- contents -- recording. (1) Whenever an association of unit owners acting through its manager furnishes to a unit any services, labor, or material lawfully chargeable as common expenses, the association of unit owners, upon complying with subsection (2) of this section, shall have a lien upon the individual unit and the undivided interest in the common elements appertaining to such unit for the reasonable value of such common expenses, and the lien shall be prior to all other liens or encumbrances upon the unit except:

(a) tax and assessment liens; and

(b) a first mortgage or trust indenture of record.

(2) An association of unit owners claiming the benefits of subsection (1) of this section shall record in the county in which the unit or some part thereof is located a claim containing:

(a) a true statement of the account due for such common expenses after deducting all just credits and offsets;

(b) the name of the owner of the unit or reputed owner, if known;

(c) a description of the property where the common expenses were furnished and the designation of the unit, sufficient for identification.

(3) The claim shall be verified by the oath of some person having knowledge of the facts and shall be filed with and recorded by the recording officer in the book kept for the purpose of recording liens filed under Title 71, chapter 3, part 5. The record shall be indexed as deeds and other conveyances are required by law to be indexed.
Mont. Code Ann. § 70-33-429 — MT Code / Title 70 / Chapter 33 / Part 4 / Section 70-33-429
70-33-429 Holdover remedies -- consent to continued occupancy
Status: in_force

70-33-429 . Holdover remedies -- consent to continued occupancy. (1) If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or other termination of the rental agreement, the landlord may bring an action for possession.

(2) If the term is longer than month-to month and the landlord terminates the agreement with cause and the tenant's holdover is purposeful and not in good faith, the landlord may recover an amount of not more than 3 months' 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, 70-33-201 (2)(e) applies.
Mont. Code Ann. § 70-24-421 — MT Code / Title 70 / Chapter 24 / Part 4 / Section 70-24-421
70-24-421 Action for nonpayment of rent -- tenant's counterclaim
Status: in_force

70-24-421 . Action for nonpayment of rent -- tenant's counterclaim. (1) In an action for possession based upon nonpayment of the rent or in an action for rent when the tenant is in possession, the tenant may counterclaim for any amount the tenant may recover under the rental agreement or this chapter. The court from time to time may order the tenant to pay into court all or part of the rent accrued and thereafter accruing and shall determine the amount due to each party. The party to whom a net amount is owed must be paid first from the money paid into court and the balance by the other party. The court may at any time release money paid into the court to either party if the parties so agree or if the court finds a party entitled to the sums released. If no rent remains due after application of this section, judgment must be entered for the tenant in the action for possession.

(2) In an action for rent when the tenant is not in possession, the tenant may counterclaim as provided in subsection (1) but is not required to pay any rent into court.
Mont. Code Ann. § 70-33-302 — MT Code / Title 70 / Chapter 33 / Part 3 / Section 70-33-302
70-33-302 Landlord to deliver possession of premises
Status: in_force

70-33-302 . Landlord to deliver possession of premises. (1) At the commencement of the rental term, a landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and 70-33-303 . 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. § 70-29-209 — MT Code / Title 70 / Chapter 29 / Part 2 / Section 70-29-209
70-29-209 Compensation of one party by another in certain cases of partition
Status: in_force

70-29-209 . Compensation of one party by another in certain cases of partition. (1) When it appears that a partition cannot be made equal between the parties according to their respective rights without prejudice to the rights and interests of some of them and a partition is ordered, the court may adjudge compensation to be made by one party to another on account of the inequality. However, the compensation may not be required to be made to others by owners unknown or by a minor unless it appears that the minor has personal property sufficient for that purpose and that the minor's interest will be promoted.

(2) In all cases, the court may make compensatory adjustment between the respective parties according to the ordinary principles of equity.
Mont. Code Ann. § 70-1-512 — MT Code / Title 70 / Chapter 1 / Part 5 / Section 70-1-512
70-1-512 Constructive delivery
Status: in_force

70-1-512 . Constructive delivery. Though a grant is not actually delivered into the possession of the grantee, it is considered constructively delivered in the following cases:

(1) when the instrument is, by the agreement of the parties at the time of execution, understood to be delivered and under circumstances that the grantee is entitled to immediate delivery; or

(2) when it is delivered to a stranger for the benefit of the grantee and the grantee's assent is shown or may be presumed.
Mont. Code Ann. § 70-1-203 — MT Code / Title 70 / Chapter 1 / Part 2 / Section 70-1-203
70-1-203 Escheat
Status: in_force

70-1-203 . Escheat. Whenever the title to any property fails for want of heirs or next of kin, it reverts to the state. All property within the limits of this state which does not belong to any person belongs to the state.
Mont. Code Ann. § 70-29-103 — MT Code / Title 70 / Chapter 29 / Part 1 / Section 70-29-103
70-29-103 Complaint -- contents
Status: in_force

70-29-103 . Complaint -- contents. The interests of all the persons in the property, whether such persons be known or unknown, must be set forth in the complaint specifically and particularly, as far as known to the plaintiff; and if one or more of the parties or the share or quantity of interest of any of the parties be unknown to the plaintiff or be uncertain or contingent or the ownership of the inheritance depend upon the executory devise or the remainder be a contingent remainder so that such parties cannot be named, that fact must be set forth in the complaint.
Mont. Code Ann. § 70-20-307 — MT Code / Title 70 / Chapter 20 / Part 3 / Section 70-20-307
70-20-307 Transfer of land bounded by highway -- what passes
Status: in_force

70-20-307 . Transfer of land bounded by highway -- what passes. A transfer of land bounded by a highway passes the title of the person whose estate is transferred to the soil of the highway in front of the center thereof unless a different intent appears from the grant.
Mont. Code Ann. § 70-7-109 — MT Code / Title 70 / Chapter 7 / Part 1 / Section 70-7-109
70-7-109 Relending forbidden
Status: in_force

70-7-109 . Relending forbidden. The borrower of a thing for use must not part with it to a third person without the consent of the lender.
Mont. Code Ann. § 70-19-409 — MT Code / Title 70 / Chapter 19 / Part 4 / Section 70-19-409
70-19-409 Actual occupancy under claim of title not founded on instrument or judgment -- adverse
Status: in_force

70-19-409 . Actual occupancy under claim of title not founded on instrument or judgment -- adverse. Where it appears that there has been an actual continued occupation of land under a claim of title, exclusive of any other right, but not founded upon a written instrument, judgment, or decree, the land so actually occupied and no other is deemed to have been held adversely.
Mont. Code Ann. § 70-24-113 — MT Code / Title 70 / Chapter 24 / Part 1 / Section 70-24-113
70-24-113 Removal of unauthorized person or trespasser -- indemnification for providing false information to law enforcement
Status: in_force

70-24-113 . Removal of unauthorized person or trespasser -- indemnification for providing false information to law enforcement. (1) An unauthorized person or trespasser has no legal right to occupy, enter, or trespass on a premises. A person who cannot produce authorization allowing the person to occupy a premises is an unauthorized person or trespasser for the purpose of this section and may be removed from the premises immediately by law enforcement.

(2) For the purposes of this section, authorization includes:

(a) a written rental agreement entitling the person to occupy the premises;

(b) written or verbal authorization from the landlord; or

(c) written or verbal authorization from a tenant if the person is a guest of the tenant.

(3) For the purposes of this section, verbal authorization is valid only if it is verified by the individual or entity entitled to give it under subsection (2)(b) or (2)(c).

(4) A property owner or authorized agent may request law enforcement to remove an unauthorized person or trespasser pursuant to this section.

(5) The property owner may request law enforcement to stand by to keep the peace while changing locks and removing personal property belonging to the unlawful occupant.

(6) A property owner or authorized agent who knowingly provides false information in a request under subsection (4) shall indemnify the law enforcement agency and its agents for any damages awarded against the law enforcement agency or its agents for their good faith conduct based on the request.
Mont. Code Ann. § 70-17-106 — MT Code / Title 70 / Chapter 17 / Part 1 / Section 70-17-106
70-17-106 Extent of servitude
Status: in_force

70-17-106 . Extent of servitude. (1) Except as otherwise provided in 23-2-312 , 23-2-322 , and this section, the extent of a servitude is determined by the terms of the grant or the nature of the enjoyment by which it was acquired.

(2) A servitude granted, either by the terms of the grant or by the nature of the enjoyment, to a local, state, or federal government body for administrative purposes does not create a right to use the servitude for any other purpose unless specifically provided for in writing in the grant.

(3) The holder of a written servitude may not use the servitude to grant additional rights and privileges to a successor or assignee unless the successor or assignee is specifically provided for in writing in the grant.
Mont. Code Ann. § 70-22-202 — MT Code / Title 70 / Chapter 22 / Part 2 / Section 70-22-202
70-22-202 Designation of system by zone
Status: in_force

70-22-202 . Designation of system by zone. (1) As established for use in the north zone, the Montana coordinate system NAD 27 shall be named and in any land description in which it is used it shall be designated the "Montana coordinate system NAD 27, north zone".

(2) As established for use in the central zone, the Montana coordinate system NAD 27 shall be named and in any land description in which it is used it shall be designated the "Montana coordinate system NAD 27, central zone".

(3) As established for use in the south zone, the Montana coordinate system NAD 27 shall be named and in any land description in which it is used it shall be designated the "Montana coordinate system NAD 27, south zone".
Mont. Code Ann. § 70-19-305 — MT Code / Title 70 / Chapter 19 / Part 3 / Section 70-19-305
70-19-305 Certificate of purchase from state or United States prima facie evidence of ownership
Status: in_force

70-19-305 . Certificate of purchase from state or United States prima facie evidence of ownership. A certificate of purchase or of location of any lands in this state issued or made in pursuance of any law of the United States or of this state is prima facie evidence that the holder or assignee of the certificate is the owner of the land described in the certificate, but this evidence may be overcome by proof that at the time of the location or time of filing a preemption claim on which the certificate may have been issued, the land was in the adverse possession of the adverse party or those under whom the adverse party claims or that the adverse party is holding the land for mining purposes.
Mont. Code Ann. § 70-17-114 — MT Code / Title 70 / Chapter 17 / Part 1 / Section 70-17-114
70-17-114 Easement signage
Status: in_force

70-17-114 . Easement signage. The owner of a servient tenement may place private property signage along the servitude boundary to ensure those persons or entities using the servitude understand the servitude boundary.
Mont. Code Ann. § 70-29-113 — MT Code / Title 70 / Chapter 29 / Part 1 / Section 70-29-113
70-29-113 Death or incompetency of parties -- proceedings not delayed
Status: in_force

70-29-113 . Death or incompetency of parties -- proceedings not delayed. (1) If during the pendency of the action a party dies, is committed pursuant to 53-21-127 , or otherwise becomes incompetent, the proceedings may not for that cause be delayed or suspended, but the attorney who has appeared for the party may continue to represent the party's interest. If any party has not appeared by an attorney, the court shall appoint an attorney to represent the interest that was held by the party until the party's heirs, legal representatives, or successors in interest have appeared in the action.

(2) An attorney appointed pursuant to subsection (1) must be allowed by the court a reasonable compensation for the attorney's services. The compensation may be taxed as costs against the share or interest represented by the attorney and may be adjudged a lien on the share or interest, in the discretion of the court.
Mont. Code Ann. § 70-21-306 — MT Code / Title 70 / Chapter 21 / Part 3 / Section 70-21-306
70-21-306 Recording judgments to impart notice
Status: in_force

70-21-306 . Recording judgments to impart notice. Every certified copy of a judgment of partition or any other judgment, filed and recorded as provided in 7-4-2613 , from the time of filing the same for record imparts notice to all persons of the contents thereof, and subsequent purchasers, mortgagees, and lienholders purchase and take with like notice and effect as if such property or judgment was a duly recorded deed, grant, or transfer.
Mont. Code Ann. § 70-24-428 — MT Code / Title 70 / Chapter 24 / Part 4 / Section 70-24-428
70-24-428 Landlord's recovery of possession limited
Status: in_force

70-24-428 . Landlord's recovery of possession limited. Except in the case of abandonment, surrender, or as permitted in this chapter, a landlord may not recover or take possession of the dwelling unit by action or otherwise, including purposeful diminution of services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electricity, gas, or other essential services.
Mont. Code Ann. § 70-16-109 — MT Code / Title 70 / Chapter 16 / Part 1 / Section 70-16-109
70-16-109 Summary proceedings for possession -- where provisions found
Status: in_force

70-16-109 . Summary proceedings for possession -- where provisions found. Summary proceedings for obtaining possession of real property forcibly entered or forcibly and unlawfully detained are provided for in chapter 27.
Mont. Code Ann. § 70-7-104 — MT Code / Title 70 / Chapter 7 / Part 1 / Section 70-7-104
70-7-104 Care required of borrower generally
Status: in_force

70-7-104 . Care required of borrower generally. A borrower for use must use great care for the preservation in safety and in good condition of the thing lent.
Mont. Code Ann. § 70-29-212 — MT Code / Title 70 / Chapter 29 / Part 2 / Section 70-29-212
70-29-212 Judgment upon confirmation of report -- effect
Status: in_force

70-29-212 . Judgment upon confirmation of report -- effect. (1) The court may confirm, change, modify, or set aside the report and if necessary appoint new referees.

(2) Upon the report being confirmed, judgment must be rendered that the partition is effectual forever. The judgment is binding and conclusive on all:

(a) persons named as parties to the action and their legal representatives, who have at the time any interest in the property divided or any part of the property, as owners in fee or as tenants for life or for years or as entitled to the reversion, remainder, or the inheritance of the property or any part of the property after the determination of a particular estate in the property, and who by any contingency may be entitled to a beneficial interest in the property or who have an interest in any undivided share of the property as tenants for years or for life;

(b) persons interested in the property, who may be unknown, to whom notice has been given of the action for partition by publication; and

(c) other persons claiming from the parties or persons or either of them.

(3) A judgment is not invalidated by reason of the death of any party before final judgment or decree, but the judgment or decree is as conclusive against the heirs, legal representatives, or assigns of the decedent as if it had been entered before the decedent's death.
Mont. Code Ann. § 70-24-303 — MT Code / Title 70 / Chapter 24 / Part 3 / Section 70-24-303
70-24-303 Landlord to maintain premises -- agreement that tenant perform duties -- limitation of landlord's liability for failure of smoke detector or carbon monoxide detector
Status: in_force

70-24-303 . (Temporary) Landlord to maintain premises -- agreement that tenant perform duties -- limitation of landlord's liability for failure of smoke detector or carbon monoxide detector. (1) Subject to 27-1-1603 , a landlord:

(a) shall comply with the requirements of applicable building and housing codes materially affecting health and safety in effect at the time of original construction in all dwelling units where construction is completed after July 1, 1977;

(b) shall make repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition, except when it is the tenant's responsibility to maintain the dwelling unit pursuant to 70-24-321 ;

(c) shall keep all common areas of the premises in a clean and safe condition;

(d) shall maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord;

(e) shall, unless otherwise provided in a rental agreement, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal;

(f) shall supply running water and reasonable amounts of hot water at all times and reasonable heat between October 1 and May 1, except if the building that includes the dwelling unit is not required by law to be equipped for that purpose or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant; and

(g) shall install in each dwelling unit under the landlord's control an approved carbon monoxide detector, in accordance with rules adopted by the department of labor and industry, and an approved smoke detector, in accordance with rules adopted by the department of justice. Upon commencement of a rental agreement, the landlord shall verify that the carbon monoxide detector and the smoke detector in the dwelling unit are in good working order. The tenant shall maintain the carbon monoxide detector and the smoke detector in good working order during the tenant's rental period. For the purposes of this subsection (1)(g), an approved carbon monoxide detector, as defined in 70-20-113 , and an approved smoke detector, as defined in 70-20-113 , bear a label or other identification issued by an approved testing agency having a service for inspection of materials and workmanship at the factory during fabrication and assembly.

(2) If the duty imposed by subsection (1)(a) is greater than a duty imposed by subsections (1)(b) through (1)(g), a landlord's duty must be determined by reference to subsection (1)(a).

(3) A landlord and tenant may agree in writing that the tenant perform the landlord's duties specified in subsections (1)(e) and (1)(f) and specified repairs, maintenance tasks, alteration, and remodeling but only if the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord.

(4) A landlord and tenant may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if:

(a) the agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration;

(b) the work is not necessary to cure noncompliance with subsection (1)(a); and

(c) the agreement does not diminish the obligation of the landlord to other tenants in the premises.

(5) The landlord is not liable for damages caused as a result of the failure of the carbon monoxide detector or the smoke detector required under subsection (1)(g). (Terminates January 1, 2031--sec. 15, Ch. 2, L. 2021.)
Mont. Code Ann. § 70-18-206 — MT Code / Title 70 / Chapter 18 / Part 2 / Section 70-18-206
70-18-206 Sudden change in river or stream
Status: in_force

70-18-206 . Sudden change in river or stream. (1) If a river or stream abandons its channel and forms a new channel as a result of an avulsion and if the segment of the river or stream where the avulsion occurred has been adjudicated as navigable for title purposes by a court of competent jurisdiction, the land constituting the old channel belongs to the owner of the shores through which the old channel flowed or, if the shores are owned by different owners, to the owners on two sides, divided by an imaginary line drawn through the middle of the old river or stream channel.

(2) An affected owner seeking title to the land described in subsection (1) shall notify the department of natural resources and conservation and describe with particularity the event that resulted in the formation of the new channel. The affected owner shall also provide the department with a survey and any other information the department considers necessary.

(3) Upon receiving the information from the affected owner, the department shall verify the information and determine whether the new channel was created by an avulsion. If the department determines that the new channel was formed by an avulsion and the old channel is abandoned, the department shall recommend to the board of land commissioners that the state and the affected owner exchange quitclaim deeds for the properties affected by the avulsion.

(4) Upon approval by the board and the exchange of quitclaim deeds, the affected owner shall notify the department of revenue and the clerk and recorder of the county in which the affected property is located of the change in ownership and submit any information necessary to update the applicable ownership records.

(5) The land constituting the old channel is subject to property taxation payable by the affected owner from the date the quitclaim deeds are exchanged.

(6) The department of natural resources and conservation and the department of revenue may adopt rules to implement the provisions of this section.

(7) Ownership remains unchanged for land that constituted an island before the avulsion occurred and that is not wholly surrounded by water after the river abandoned the old channel.

(8) (a) If an avulsion occurs on a segment of a river or stream that has not been adjudicated as navigable for title purposes by a court of competent jurisdiction, an owner may seek to clarify title to the property affected by the avulsion.

(b) To seek title clarification, the affected owner shall submit the information to the department as required by subsection (2).

(c) If the department determines that the new channel was formed by an avulsion and that the old channel is abandoned, the department shall recommend to the board that the board issue a disclaimer of interest for the abandoned channel.

(d) Upon approval by the board, the affected owner may cite the disclaimer of interest to support an ownership claim in a quiet title action filed in a district court.

(e) Upon obtaining a quiet title judgment on the abandoned channel, the affected owner shall notify the department of revenue and the clerk and recorder of the county in which the affected property is located of the change in ownership and submit any information necessary to update the applicable ownership records.

(f) The land constituting the old channel is subject to property taxation payable by the affected owner from the date of the quiet title judgment.

(9) For purposes of this section:

(a) "abandoned bed" means a riverbed, streambed, or lakebed with no water over it at the low-water mark;

(b) "avulsion" means a sudden and perceptible change in the course of a river or stream that creates a new river or stream channel and that results in an abandoned bed along the course of the old channel.
Mont. Code Ann. § 70-31-303 — MT Code / Title 70 / Chapter 31 / Part 3 / Section 70-31-303
70-31-303 Inverse condemnation -- reimbursement of expenses of proceeding
Status: in_force

70-31-303 . Inverse condemnation -- reimbursement of expenses of proceeding. When an inverse condemnation proceeding is instituted by the owner of any right, title, or interest in real property because of the alleged taking of the owner's property for any program or project for which federal financial assistance will be available to pay all or any part of the cost of the program or project, the court rendering a judgment for the plaintiff in the proceeding and awarding compensation for the taking of property or the attorney for the acquiring agency effecting a settlement of any proceeding shall determine and award or allow to the plaintiff as a part of the judgment or settlement a sum that will, in the opinion of the court or the attorney, reimburse the plaintiff for the plaintiff's reasonable costs, disbursements, and expenses including reasonable attorney, appraisal, and engineering fees actually incurred because of the proceeding.
Mont. Code Ann. § 70-21-307 — MT Code / Title 70 / Chapter 21 / Part 3 / Section 70-21-307
70-21-307 Effect of conveyance to grantee as trustee when no trust conditions provided
Status: in_force

70-21-307 . Effect of conveyance to grantee as trustee when no trust conditions provided. Any conveyance of real property placed of record in any office of a county clerk and recorder in which the name of the grantee is followed by the word "trustee", "as trustee", or some similar fiduciary term and in which terms and conditions of the purported trust or any limitation on the power of the grantee to convey is not set forth so that any person dealing with the real property could learn from the conveyance what, if any, limitation exists upon the authority of the grantee with regard to the reconveyance or encumbrance of the property must be considered as though the property had been conveyed to the grantee without any limitation upon the grantee's authority to reconvey or encumber as fully as though the word "trustee", "as trustee", or any equivalent fiduciary expression had not been used in connection with the grantee's name. The use of the word "trustee" or "as trustee" or any equivalent fiduciary expression purporting a trust contained in the conveyance does not have force or effect in charging any purchaser or encumbrancer with notice of any limitation of power on the part of the person named as trustee to deal with the lands as the person's own.
Mont. Code Ann. § 70-30-313 — MT Code / Title 70 / Chapter 30 / Part 3 / Section 70-30-313
70-30-313 Current fair market value
Status: in_force

70-30-313 . Current fair market value. Current fair market value is the price that would be agreed to by a willing and informed seller and buyer, taking into consideration, but not limited to, the following factors:

(1) the highest and best reasonably available use and its value for such use, provided current use may not be presumed to be the highest and best use;

(2) the machinery, equipment, and fixtures forming part of the real estate taken; and

(3) any other relevant factors as to which evidence is offered.
Mont. Code Ann. § 70-23-102 — MT Code / Title 70 / Chapter 23 / Part 1 / Section 70-23-102
70-23-102 Definitions
Status: reserved

70-23-102 . Definitions. In this chapter, unless the context requires otherwise, the following definitions apply:

(1) "Association of unit owners" means all the unit owners acting as a group in accordance with the declaration and bylaws.

(2) "Borrower" means a mortgagor, grantor as defined in 71-1-303 , or other debtor.

(3) "Building" means a multiple-unit building or buildings comprising a part of the property.

(4) "Common elements" means the general common elements and the limited common elements.

(5) "Common expenses" means:

(a) expenses of administration, maintenance, repair, or replacement of the common elements;

(b) expenses agreed upon as common by all the unit owners; and

(c) expenses declared common by 70-23-610 and 70-23-612 or by the declaration or the bylaws of the particular condominium.

(6) "Community land trust" means a nonprofit organization under section 501(c)(3) of the Internal Revenue Code that holds title to land beneath individually owned units, including but not limited to single-family homes, townhomes, condominiums, and multiunit rental properties for the purpose of preserving affordable housing.

(7) "Condominium" means the ownership of single units with common elements located on property submitted to the provisions of this chapter. The term does not include a townhome or a townhouse.

(8) "Conversion" means a change in the character of residential real property from one or more parcels of land with attached condominium units to one or more parcels of land with attached townhome or townhouse units without a change to the undivided interest of the unit owners.

(9) "Declaration" means the instrument by which the property is submitted to the provisions of this chapter.

(10) "General common elements", unless otherwise provided in a declaration or by consent of all the unit owners, means:

(a) the land on which the building is located, except any portion of the land included in a unit or made a limited common element by the declaration;

(b) the foundations, columns, girders, beams, supports, mainwalls, roofs, halls, corridors, lobbies, stairs, fire escapes, entrances, and exits of the building;

(c) the basements, yards, gardens, parking areas, and outside storage spaces, private pathways, sidewalks, and private roads;

(d) installations of central services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning, waste disposal, and incinerating;

(e) the elevators, tanks, pumps, motors, fans, compressors, ducts, and in general all apparatus and installations existing for common use;

(f) the premises for the lodging of janitors or caretakers of the property; and

(g) all other elements of the building necessary or convenient to its existence, maintenance, and safety or normally in common use.

(11) "Lienholder" means a person holding a security interest, including a mortgagee, beneficiary of a trust indenture, or other creditor who holds a mortgage, trust indenture, or other instrument that encumbers real property.

(12) "Limited common elements" means those common elements designated in the declaration or by agreement of all the unit owners as reserved for the use of a certain unit or number of units to the exclusion of the other units.

(13) "Majority" or "majority of the unit owners", unless otherwise provided in the declaration, means the owners of more than 50% in the aggregate of the undivided ownership interests in the general common elements as the percentage of interest in the element appertaining to each unit is expressed in the declaration. Whenever a percentage of the unit owners is specified, percentage means the percentage in the aggregate of undivided ownership.

(14) "Manager" means the manager, board of managers, or other person in charge of the administration of or managing the property.

(15) "Project" means a real estate condominium project whereby a condominium of two or more units located on property submitted to the provisions of this chapter is offered or proposed to be offered for sale.

(16) "Property" means the land, all buildings, improvements, and structures on the land, and all easements, rights, and appurtenances belonging to the land that are submitted to the provisions of this chapter.

(17) "Recording officer" means the county officer charged with the duty of filing and recording deeds and mortgages or other instruments or documents affecting the title to real property.

(18) "Townhome" or "townhouse" means property that is owned subject to an arrangement under which persons own their own units and hold separate title to the land beneath their units, but under which they may jointly own the common areas and facilities.

(19) "Unit" means a part of the property including one or more rooms occupying one or more floors or a part or parts of the property intended for any type of independent use and with a direct exit to a public street or highway or to a common area or area leading to a public street or highway.

(20) "Unit designation" means the number, letter, or combination of numbers and letters designating a unit in the declaration.

(21) "Unit owner" means the person owning a unit in fee simple absolute individually or as co-owner in any real estate tenancy relationship recognized under the laws of this state. However, for all purposes, including the exercise of voting rights, provided by lease filed with the presiding officer of the association of unit owners, a lessee of a unit must be considered a unit owner.
Mont. Code Ann. § 70-1-103 — MT Code / Title 70 / Chapter 1 / Part 1 / Section 70-1-103
70-1-103 Owner entitled to products and accessions
Status: in_force

70-1-103 . Owner entitled to products and accessions. The owner of a thing also owns all of its products and accessions.
Mont. Code Ann. § 70-30-109 — MT Code / Title 70 / Chapter 30 / Part 1 / Section 70-30-109
70-30-109 Temporary logging roads and banking grounds
Status: in_force

70-30-109 . Temporary logging roads and banking grounds. (1) In the event that a temporary road used for logging purposes or land used for banking grounds is taken, the taking includes only the temporary right to use the road or land. The order of condemnation for the road or land must fix the length of time and the date from which the road must be opened or land must be used, and at the expiration of that period, the right to use the road or land ceases. The use of the road or land reverts to the party from whom the road or land was taken or to that party's legal successor in interest. However, land may not be taken for temporary logging roads or banking grounds for a period of time longer than 5 years. When taken for a period of time exceeding 1 year, the amount of damage for each year must be fixed separately, and the amount fixed for each particular year must be paid on or before January 1 of each year. If the amount fixed for any 1 year is not paid as specified in this subsection, then the use of the road or land reverts to the party from whom the road or land was taken or to that party's successor in interest.

(2) In any suit for the opening of any temporary logging road or for the use of any land for banking grounds, the court may not finally order the opening of the road or the right to use the land until the amount assessed as damages has been paid into court for the benefit of the party or parties owning or holding the road or land.

(3) In the event that any road or land taken or used as provided in this section is occupied by a lessee, the lessee must be made a party to the suit, and the final decree of the court must apportion the amount of compensation received between the lessee and the owner of the road or land. The decree is subject to the right of appeal by any party in interest.
Mont. Code Ann. § 70-17-112 — MT Code / Title 70 / Chapter 17 / Part 1 / Section 70-17-112
70-17-112 Interference with canal or ditch easements prohibited
Status: in_force

70-17-112 . Interference with canal or ditch easements prohibited. (1) A person with a canal or ditch easement has a secondary easement to enter, inspect, repair, and maintain a canal or ditch or to operate the appropriation works. A person retains this secondary easement if the canal or ditch is converted into a pipeline and the pipeline is conspicuously marked.

(2) A person may not encroach on or otherwise impair any easement for a canal or ditch used for irrigation or any other lawful domestic or commercial purpose, including carrying return water. A person may not encroach on or otherwise impair any easement for a canal or ditch under this subsection that has been converted into a pipeline.

(3) The provisions of subsection (2) do not apply if the holder of the canal, ditch, or pipeline easement consents in writing to the encroachment or impairment.

(4) Each canal or ditch easement obtained by prescription or conveyance is included within the scope of this section. Nothing in this section establishes a secondary easement where none existed prior to April 14, 1981. This section does not affect contracts or agreements concluded prior to April 14, 1981.

(5) If a legal action is brought to enforce the provisions of this section, the prevailing party is entitled to costs and reasonable attorney fees.
Mont. Code Ann. § 70-23-504 — MT Code / Title 70 / Chapter 23 / Part 5 / Section 70-23-504
70-23-504 Maintenance and improvement of common elements
Status: in_force

70-23-504 . Maintenance and improvement of common elements. (1) The necessary work of maintenance, repair, and replacement of the common elements and additions or improvements to the common elements shall be carried out only as provided in the bylaws.

(2) The association of unit owners shall have the right, to be exercised by the manager, to have access to each unit as may be necessary for the maintenance, repair, or replacement of the common elements or to make emergency repairs therein necessary for the public safety or to prevent damage to the common elements or to another unit.
Mont. Code Ann. § 70-20-115 — MT Code / Title 70 / Chapter 20 / Part 1 / Section 70-20-115
70-20-115 Notice to purchaser of property under contract for deed
Status: in_force

70-20-115 . Notice to purchaser of property under contract for deed. (1) As used in this section, "purchaser under contract for deed" means:

(a) any person who:

(i) has entered into a contract with the record owner of real property in which it was agreed that the record owner will deliver the deed to the property to the purchaser when certain conditions have been met, such as completion of payments by the purchaser; and

(ii) has recorded the contract or an abstract of the contract in accordance with Title 70, chapter 21;

(b) any assignee or successor of a person included under subsection (1)(a), if such assignee or successor has also recorded the contract or an abstract of the contract in accordance with Title 70, chapter 21.

(2) When it is required by statute that legal notice be given to the owner of real property, the same notice must be given to a purchaser of that property under a contract for deed.
Mont. Code Ann. § 70-31-103 — MT Code / Title 70 / Chapter 31 / Part 1 / Section 70-31-103
70-31-103 Application to all federally assisted programs
Status: in_force

70-31-103 . Application to all federally assisted programs. This chapter shall apply to all acquisitions of real property by an agency for a program or project for which federal financial assistance is available to pay all or any part of the cost.
Mont. Code Ann. § 70-23-612 — MT Code / Title 70 / Chapter 23 / Part 6 / Section 70-23-612
70-23-612 Insurance of building -- premiums as common expenses
Status: in_force

70-23-612 . Insurance of building -- premiums as common expenses. (1) The manager as trustee for the unit owners shall, if required by the declaration, by the bylaws, or by a majority of the unit owners, insure the building against loss or damage by fire and other hazards as required, without prejudice to the right of each unit owner to insure the owner's own unit for the owner's own benefit.

(2) The premiums for insurance on the building are common expenses.
Mont. Code Ann. § 70-1-401 — MT Code / Title 70 / Chapter 1 / Part 4 / Section 70-1-401
70-1-401 Fixing time of enjoyment -- computation -- condition
Status: in_force

70-1-401 . Fixing time of enjoyment -- computation -- condition. The time when the enjoyment of property is to begin or end may be determined by computation, or be made to depend on event. In the latter case, the enjoyment is said to be upon condition.
Mont. Code Ann. § 70-6-404 — MT Code / Title 70 / Chapter 6 / Part 4 / Section 70-6-404
70-6-404 Rate of compensation for fraction of week or half month
Status: in_force

70-6-404 . Rate of compensation for fraction of week or half month. In the absence of a different agreement or usage, a depositary for hire is entitled to 1 week's hire for the sustenance and shelter of living animals during any fraction of a week and to half a month's hire for the storage of any other property during any fraction of a half month.
Mont. Code Ann. § 70-20-202 — MT Code / Title 70 / Chapter 20 / Part 2 / Section 70-20-202
70-20-202 Extrinsic evidence not to be considered in construction of deed -- exceptions
Status: in_force

70-20-202 . Extrinsic evidence not to be considered in construction of deed -- exceptions. (1) When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be between the parties and their representatives or successors in interest no evidence of the terms of the agreement other than the contents of the writing except in the following cases:

(a) where a mistake or imperfection of the writing is put in issue by the pleadings;

(b) where the validity of the agreement is the fact in dispute.

(2) But this section does not exclude other evidence of the circumstances under which the agreement was made or to which it relates, as defined in 1-4-102 , or to explain an extrinsic ambiguity or to establish illegality or fraud.

(3) The term "agreement" includes deeds and wills as well as contracts between parties.
Mont. Code Ann. § 70-32-212 — MT Code / Title 70 / Chapter 32 / Part 2 / Section 70-32-212
70-32-212 Application of proceeds of sale
Status: in_force

70-32-212 . Application of proceeds of sale. If the sale is made, the proceeds thereof, to the amount of the homestead exemption, must be paid to the claimant and the balance applied to the satisfaction of the execution.
Mont. Code Ann. § 70-19-414 — MT Code / Title 70 / Chapter 19 / Part 4 / Section 70-19-414
70-19-414 Right of possession not affected by descent cast
Status: in_force

70-19-414 . Right of possession not affected by descent cast. The right of a person to the possession of real property is not impaired or affected by a descent being cast in consequence of the death of a person in possession of such property.
Mont. Code Ann. § 70-28-208 — MT Code / Title 70 / Chapter 28 / Part 2 / Section 70-28-208
70-28-208 Publication and posting of summons
Status: in_force

70-28-208 . Publication and posting of summons. (1) The summons shall be published in a newspaper of general circulation published in the county in which the action is brought. The newspaper in which such publication is to be made shall be designated by an order of the court or judge thereof to be signed and filed with the clerk. No other order for the publication of the summons shall be necessary, nor shall any affidavit therefor be required, nor need any copy of the complaint be served, except as hereinafter required. The summons shall be published at least once a week for a period of 5 weeks and to each publication thereof shall be appended a memorandum, signed by the plaintiff's attorney, in substance as follows "The following persons are said to claim an interest in or lien upon said property, adverse to plaintiff." (Give names and addresses as above provided.)

(2) A copy of the summons together with a copy of the foregoing memorandum shall be posted in a conspicuous place on each separate parcel of the property described in the complaint within 10 days after the first publication of the summons.
Mont. Code Ann. § 70-32-106 — MT Code / Title 70 / Chapter 32 / Part 1 / Section 70-32-106
70-32-106 Contents of declaration
Status: in_force

70-32-106 . Contents of declaration. Subject to 70-32-216 , the declaration of homestead must contain a statement that the person making it is residing on the premises and claims them as a homestead and a description of the premises.
Mont. Code Ann. § 70-27-103 — MT Code / Title 70 / Chapter 27 / Part 1 / Section 70-27-103
70-27-103 Forcible detainer defined
Status: in_force

70-27-103 . Forcible detainer defined. Every person is guilty of a forcible detainer who either:

(1) by force or by menaces and threats of violence unlawfully holds and keeps the possession of any real property or mining claim, whether the same was acquired peaceably or otherwise; or

(2) in the nighttime or during the absence of the occupant of any lands or mining claim unlawfully enters upon real property and, after demand made for the surrender thereof, for the period of 5 days refuses to surrender the same to such former occupant. The occupant of real property or mining claim, within the meaning of this subsection, is one who, within 5 days preceding such unlawful entry, was in the peaceable and undisputed possession of such lands.
Mont. Code Ann. § 70-6-405 — MT Code / Title 70 / Chapter 6 / Part 4 / Section 70-6-405
70-6-405 Termination of deposit
Status: in_force

70-6-405 . Termination of deposit. (1) In the absence of an agreement as to the length of time during which a deposit is to continue, it may be terminated by the depositor at any time and by the depositary upon a reasonable notice.

(2) Notwithstanding an agreement respecting the length of time during which a deposit is to continue, it may be terminated by the depositor on paying all that would become due to the depositary in case of the deposit so continuing.
Mont. Code Ann. § 70-4-103 — MT Code / Title 70 / Chapter 4 / Part 1 / Section 70-4-103
70-4-103 Rules for determination of principal part
Status: in_force

70-4-103 . Rules for determination of principal part. (1) That part is considered to be the principal to which the other has been united only for the use, ornament, or completion of the principal part unless the other is the more valuable and has been united without the knowledge of its owner, who may, in that case, require it to be separated and returned to the owner although some injury results to the thing to which it has been united.

(2) If neither part can be considered the principal within the rule prescribed by subsection (1), the more valuable or, if the values are nearly equal, the most considerable in bulk is to be considered the principal part.
Mont. Code Ann. § 70-7-107 — MT Code / Title 70 / Chapter 7 / Part 1 / Section 70-7-107
70-7-107 Borrower to repair injuries
Status: in_force

70-7-107 . Borrower to repair injuries. A borrower for use shall repair all deteriorations or injuries to the thing lent that are occasioned by the borrower's negligence, however slight.
Mont. Code Ann. § 70-5-201 — MT Code / Title 70 / Chapter 5 / Part 2 / Section 70-5-201
70-5-201 When finder may sell thing found
Status: in_force

70-5-201 . When finder may sell thing found. The finder of a thing may sell it, if it is a thing which is commonly the subject of sale, when the owner cannot with reasonable diligence be found or being found refuses upon demand to pay the lawful charges of the finder, in the following cases:

(1) when the thing is in danger of perishing or of losing the greater part of its value; or

(2) when the lawful charges of the finder amount to two-thirds of its value.
Mont. Code Ann. § 70-17-103 — MT Code / Title 70 / Chapter 17 / Part 1 / Section 70-17-103
70-17-103 Dominant and servient tenement
Status: in_force

70-17-103 . Dominant and servient tenement. The land to which an easement is attached is called the dominant tenement. The land upon which a burden or servitude is held is called the servient tenement.
Mont. Code Ann. § 70-26-104 — MT Code / Title 70 / Chapter 26 / Part 1 / Section 70-26-104
70-26-104 Notice of action by third person served on tenant -- duty to inform landlord
Status: in_force

70-26-104 . Notice of action by third person served on tenant -- duty to inform landlord. A tenant who receives notice of a proceeding to recover the real property occupied by the tenant or the possession of the real property shall immediately inform the landlord of the notice and shall also deliver to the landlord the notice, if in writing, and is responsible to the landlord for all damages that the landlord may sustain by reason of any omission to inform the landlord of the notice or to deliver it to the landlord if in writing.
Mont. Code Ann. § 70-1-519 — MT Code / Title 70 / Chapter 1 / Part 5 / Section 70-1-519
70-1-519 Transfer vests title
Status: in_force

70-1-519 . Transfer vests title. A transfer vests in the transferee all the actual title to the thing transferred which the transferor then has unless a different intention is expressed or is necessarily implied.
Mont. Code Ann. § 70-27-104 — MT Code / Title 70 / Chapter 27 / Part 1 / Section 70-27-104
70-27-104 Tenancy at will -- termination by notice
Status: in_force

70-27-104 . Tenancy at will -- termination by notice. A tenancy or other estate at will, however created, may be terminated by the landlord's giving notice in writing to the tenant, in the manner prescribed in this chapter, to remove from the premises within a period of not less than 1 month, to be specified in the notice; but none of the estates or tenancies embraced by the provisions of 70-15-202 (4) is a tenancy or estate at will.
Mont. Code Ann. § 70-20-305 — MT Code / Title 70 / Chapter 20 / Part 3 / Section 70-20-305
70-20-305 Encumbrance defined
Status: in_force

70-20-305 . Encumbrance defined. The term "encumbrances" includes taxes, assessments, and all liens upon real property.
Mont. Code Ann. § 70-28-102 — MT Code / Title 70 / Chapter 28 / Part 1 / Section 70-28-102
70-28-102 General procedural provisions applicable
Status: in_force

70-28-102 . General procedural provisions applicable. The provisions of Title 25, chapter 3, parts 2 and 3, and Rules 4 and 12(a), M.R.Civ.P., so far as they are not in conflict with this part, are applicable to the action herein provided for.
Mont. Code Ann. § 70-32-303 — MT Code / Title 70 / Chapter 32 / Part 3 / Section 70-32-303
70-32-303 When declaration effective
Status: in_force

70-32-303 . When declaration effective. A declaration of abandonment is effectual only from the time it is filed in the office in which the homestead was recorded.
Mont. Code Ann. § 70-17-408 — MT Code / Title 70 / Chapter 17 / Part 4 / Section 70-17-408
70-17-408 Preservation of property rights
Status: in_force

70-17-408 . Preservation of property rights. This part may not be construed to:

(1) change or alter common law in accordance with 1-1-108 as it relates to the rights belonging to or the dominance of the mineral estate; or

(2) change or alter common law or statutory provisions regarding the ownership of surface or subsurface rights.

(3) Notwithstanding the provisions of this part or a wind energy agreement, the real property owner retains the right to grant easements or rights-of-way for all electric power lines to be located on the property.
Mont. Code Ann. § 70-1-101 — MT Code / Title 70 / Chapter 1 / Part 1 / Section 70-1-101
70-1-101 Property defined -- ownership
Status: in_force

70-1-101 . Property defined -- ownership. The ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others. In this code, the thing of which there may be ownership is called property.
Mont. Code Ann. § 70-6-203 — MT Code / Title 70 / Chapter 6 / Part 2 / Section 70-6-203
70-6-203 Loss or injury of thing deposited
Status: in_force

70-6-203 . Loss or injury of thing deposited. If a thing is lost during its deposit and the depositary refuses to inform the depositor of the circumstances under which the loss or injury occurred so far as the depositary has information concerning them or willfully misrepresents the circumstances to the depositor, the depositary is presumed to have willfully or by gross negligence permitted the loss or injury to occur.
Mont. Code Ann. § 70-21-209 — MT Code / Title 70 / Chapter 21 / Part 2 / Section 70-21-209
70-21-209 When instrument considered recorded
Status: in_force

70-21-209 . When instrument considered recorded. An instrument is deemed to be recorded when, being duly acknowledged or proved and certified, it is deposited in the county clerk's office with the proper officer for record.
Mont. Code Ann. § 70-23-307 — MT Code / Title 70 / Chapter 23 / Part 3 / Section 70-23-307
70-23-307 Bylaws -- adoption, recording, and amendment
Status: in_force

70-23-307 . Bylaws -- adoption, recording, and amendment. (1) The unit owners of each property shall adopt bylaws to govern the administration of the property.

(2) A copy of the bylaws, certified by the presiding officer and secretary of the association, shall be recorded simultaneously with the declaration of the property to which the bylaws relate.

(3) An amendment of the bylaws shall not be effective unless approved by 75% of the unit owners and until a copy of the bylaws, as amended, certified by the presiding officer and secretary of the association of unit owners, is recorded.
Mont. Code Ann. § 70-1-403 — MT Code / Title 70 / Chapter 1 / Part 4 / Section 70-1-403
70-1-403 Condition precedent requiring wrongful act
Status: in_force

70-1-403 . Condition precedent requiring wrongful act. If a condition precedent requires the performance of an act wrong of itself, the instrument containing it is so far void and the right cannot exist. If it requires the performance of an act not wrong of itself, but otherwise unlawful, the instrument takes effect and the condition is void.
Mont. Code Ann. § 70-1-324 — MT Code / Title 70 / Chapter 1 / Part 3 / Section 70-1-324
70-1-324 Future interest -- when contingent
Status: in_force

70-1-324 . Future interest -- when contingent. A future interest is contingent whilst the person in whom or the event upon which it is limited to take effect remains uncertain.
Mont. Code Ann. § 70-29-401 — MT Code / Title 70 / Chapter 29 / Part 4 / Section 70-29-401
70-29-401 Short title
Status: in_force

70-29-401 . Short title. This part may be cited as the "Uniform Partition of Heirs Property Act".
Mont. Code Ann. § 70-23-402 — MT Code / Title 70 / Chapter 23 / Part 4 / Section 70-23-402
70-23-402 Exclusive ownership and possession of unit -- joint ownership
Status: in_force

70-23-402 . Exclusive ownership and possession of unit -- joint ownership. (1) Each unit owner is entitled to the exclusive ownership and possession of the owner's unit.

(2) A unit may be jointly or commonly owned by more than one person.
Mont. Code Ann. § 70-29-413 — MT Code / Title 70 / Chapter 29 / Part 4 / Section 70-29-413
70-29-413 Partition in kind -- considerations
Status: in_force

70-29-413 . Partition in kind -- considerations . (1) In determining under 70-29-412 (1) whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following:

(a) whether the heirs property practicably can be divided among the cotenants;

(b) whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur;

(c) evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other;

(d) a cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant;

(e) the lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property;

(f) the degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and

(g) any other relevant factor.

(2) The court may not consider any one factor in subsection (1) to be dispositive without weighing the totality of all relevant factors and circumstances.
Mont. Code Ann. § 70-29-211 — MT Code / Title 70 / Chapter 29 / Part 2 / Section 70-29-211
70-29-211 Referees to make report
Status: in_force

70-29-211 . Referees to make report. The referees must make a report of their proceedings, specifying therein the manner in which they executed their trust and describing the property divided and the shares allotted to each party with a particular description of each share.
Mont. Code Ann. § 70-6-201 — MT Code / Title 70 / Chapter 6 / Part 2 / Section 70-6-201
70-6-201 Depositary not to use or open thing deposited
Status: in_force

70-6-201 . Depositary not to use or open thing deposited. A depositary may not use the thing deposited or permit it to be used for any purpose without the consent of the depositor. A depositary may not, if it is purposely fastened by the depositor, open it without the consent of the depositor, except in case of necessity.
Mont. Code Ann. § 70-24-105 — MT Code / Title 70 / Chapter 24 / Part 1 / Section 70-24-105
70-24-105 Supplementary principles of law applicable
Status: in_force

70-24-105 . Supplementary principles of law applicable. Unless displaced by the provisions of this chapter, the principles of law and equity, including the law relating to capacity to contract, mutuality of obligations, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating causes, supplement its provisions.
Mont. Code Ann. § 70-22-208 — MT Code / Title 70 / Chapter 22 / Part 2 / Section 70-22-208
70-22-208 Public land survey description to prevail
Status: in_force

70-22-208 . Public land survey description to prevail. Whenever coordinates based on the Montana coordinate system are used to describe any tract of land which in the same document is also described by reference to any subdivision, line, or corner of the United States public land surveys, the description by coordinates shall be construed as supplemental to the basic description of such subdivision, line, or corner contained in the official plats and field notes filed of record.
Mont. Code Ann. § 70-23-305 — MT Code / Title 70 / Chapter 23 / Part 3 / Section 70-23-305
70-23-305 Recording of declaration
Status: in_force

70-23-305 . Recording of declaration. (1) When a declaration is made and approved as required, it must, upon the payment of the fees provided by law, be recorded by the recording officer. The fact of recording and the date of recording must be entered on the declaration.

(2) At the time of recording a declaration, the person offering it for record shall also file a copy, certified by the recording officer to be a true copy, with the department of revenue.

(3) If the property is located in a city or town, a copy of the declaration only must also be filed with the city or town clerk at the time of recording.
Mont. Code Ann. § 70-19-408 — MT Code / Title 70 / Chapter 19 / Part 4 / Section 70-19-408
70-19-408 Claim founded on instrument or judgment -- what considered possession and occupation
Status: in_force

70-19-408 . Claim founded on instrument or judgment -- what considered possession and occupation. (1) For the purpose of constituting an adverse possession by any person claiming a title founded upon a written instrument or a judgment or decree, land is deemed to have been possessed and occupied in the following cases:

(a) where it has been usually cultivated or improved;

(b) where it has been protected by a substantial enclosure;

(c) where although not enclosed it has been used for the supply of fuel or of fencing timber, either for the purpose of husbandry or for pasturage or for the ordinary use of the occupant.

(2) Where a known farm or a single lot has been partly improved, the portion of such farm or lot that has been left not cleared or not enclosed, according to the usual course and custom of the adjoining country, shall be deemed to have been occupied for the same length of time as the part improved and cultivated.
Mont. Code Ann. § 70-19-101 — MT Code / Title 70 / Chapter 19 / Part 1 / Section 70-19-101
70-19-101 Action defined
Status: in_force

70-19-101 . Action defined. The word "action", as used in parts 3 and 4, is to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature.
Mont. Code Ann. § 70-33-313 — MT Code / Title 70 / Chapter 33 / Part 3 / Section 70-33-313
70-33-313 Lot rules
Status: in_force

70-33-313 . Lot rules. (1) A landlord may adopt a rule concerning the rental occupancy of a lot and the use of common areas and facilities in accordance with 70-33-311 . A rule may not be unreasonable, and a rule that does not apply uniformly to all tenants of a similar class creates a rebuttable presumption, as defined in 70-33-431 (3), that the rule is unfair.

(2) Each common area facility must be open or available to residents at all reasonable hours, and the hours of a common recreational facility must be posted at the facility.
Mont. Code Ann. § 70-32-101 — MT Code / Title 70 / Chapter 32 / Part 1 / Section 70-32-101
70-32-101 Of what homestead consists
Status: in_force

70-32-101 . Of what homestead consists. The homestead consists of the dwelling house or mobile home, and all appurtenances, in which the claimant resides and the land, if any, on which the same is situated, selected as provided in this chapter.
Mont. Code Ann. § 70-28-202 — MT Code / Title 70 / Chapter 28 / Part 2 / Section 70-28-202
70-28-202 General procedural provisions applicable
Status: in_force

70-28-202 . General procedural provisions applicable. Except as herein otherwise provided, all the provisions and rulings of law relating to evidence, pleading, practice, new trials, and appeals applicable to other civil actions shall apply to the actions hereby authorized.
Mont. Code Ann. § 70-27-212 — MT Code / Title 70 / Chapter 27 / Part 2 / Section 70-27-212
70-27-212 General provisions on new trials and appeals applicable
Status: in_force

70-27-212 . General provisions on new trials and appeals applicable. The provisions of Title 25 relative to new trials and appeals, except insofar as they are inconsistent with the provisions of this chapter, apply to the proceedings mentioned in this chapter.
Mont. Code Ann. § 70-30-112 — MT Code / Title 70 / Chapter 30 / Part 1 / Section 70-30-112
70-30-112 Eminent domain not to be used for certain recreational purposes
Status: in_force

70-30-112 . Eminent domain not to be used for certain recreational purposes. The right of eminent domain may not be exercised for:

(1) trails, paths, or other ways for walking, hiking, bicycling, equestrian use, or other recreational uses whose primary purpose is a foot path, equestrian trail, bicycle path, or walkway; or

(2) a public park whose primary purpose is:

(a) as a trail, path, or other way for walking, hiking, bicycling, or equestrian use; or

(b) to connect other trails, paths, or other ways for walking, hiking, bicycling, or equestrian use.
Mont. Code Ann. § 70-23-803 — MT Code / Title 70 / Chapter 23 / Part 8 / Section 70-23-803
70-23-803 Damage to property -- decision not to repair or rebuild -- removal from chapter
Status: in_force

70-23-803 . Damage to property -- decision not to repair or rebuild -- removal from chapter. If within 60 days after the date of the damage to or destruction of all or part of the property the association of unit owners does not decide to repair, reconstruct, or rebuild, the property shall be considered removed from the provisions of this chapter.
Mont. Code Ann. § 70-24-205 — MT Code / Title 70 / Chapter 24 / Part 2 / Section 70-24-205
70-24-205 Extension of written rental agreements
Status: in_force

70-24-205 . Extension of written rental agreements. If the landlord and tenant fail to establish a default extension period for the lease in the rental agreement and neither party gives a 30-day written notice to the other to terminate the tenancy before the rental agreement's original termination date, the tenancy continues on a month-to-month basis.
Mont. Code Ann. § 70-1-318 — MT Code / Title 70 / Chapter 1 / Part 3 / Section 70-1-318
70-1-318 What future interests recognized
Status: in_force

70-1-318 . What future interests recognized. No future interest in property is recognized by the law, except such as is defined in this code.
Mont. Code Ann. § 70-1-319 — MT Code / Title 70 / Chapter 1 / Part 3 / Section 70-1-319
70-1-319 Mere possibility not an interest
Status: in_force

70-1-319 . Mere possibility not an interest. A mere possibility, such as the expectancy of an heir apparent, is not to be deemed an interest of any kind.
Mont. Code Ann. § 70-25-201 — MT Code / Title 70 / Chapter 25 / Part 2 / Section 70-25-201
70-25-201 Security deposit -- deductions authorized therefrom
Status: in_force

70-25-201 . Security deposit -- deductions authorized therefrom. (1) A landlord renting property covered by this chapter may deduct from the security deposit a sum equal to the damage alleged to have been caused by the tenant, together with a sum equal to the unpaid rent, late charges, utilities, penalties due under lease provisions, and other money owing to the landlord at the time of deduction, including rent owed under 70-24-441 (3), and a sum for actual cleaning expenses, including a reasonable charge for the landlord's labor.

(2) At the request of either party, the premises may be inspected within 1 week prior to termination of the tenancy.

(3) (a) Cleaning charges may not be imposed for normal maintenance performed on a cyclical basis by the landlord as noted by the landlord at the time that the tenant occupies the space unless the landlord is forced to perform this maintenance because of negligence of the tenant. Additionally, cleaning charges may not be deducted until written notice has been given to the tenant. The notice must include the cleaning not accomplished by the tenant and the additional amount and type or types of cleaning that need to be done by the tenant to bring the premises back to its condition at the time of its renting.

(b) After the delivery of the notice pursuant to 70-24-108 or 70-33-106 , the tenant has 24 hours to complete the required cleaning, unless the rental agreement is already terminated pursuant to 70-24-427 or 70-33-427 and the landlord has a pending claim filed in court. If the notice is mailed by certified mail, service of the notice is considered to have been made 3 days after the date of the mailing.

(c) A tenant who fails to notify the landlord of the intent to vacate or who vacates the premises without notice relieves the landlord of the requirement of giving notice and allows the landlord to deduct the cleaning charges from the deposit, or the landlord may leave a copy of the notice in a conspicuous location in the rental unit and notify the tenant by e-mail, phone, or text, and notice is considered delivered.

(4) A person may not deduct or withhold from the security deposit any amount for purposes other than those set forth in this section.
Mont. Code Ann. § 70-20-105 — MT Code / Title 70 / Chapter 20 / Part 1 / Section 70-20-105
70-20-105 Joint tenancy -- how created
Status: in_force

70-20-105 . Joint tenancy -- how created. (1) A joint tenancy as to any interest in real property may be established by the owner of the interest by designating in the instrument of conveyance or transfer the names of the joint tenants, including the person's own, without the necessity of any transfer or conveyance to or through a third person.

(2) All joint tenancies created in this manner prior to July 1, 1963, are sufficient in law to create a joint tenancy.
Mont. Code Ann. § 70-23-1104 — MT Code / Title 70 / Chapter 23 / Part 11 / Section 70-23-1104
70-23-1104 Effect of conversion
Status: in_force

70-23-1104 . Effect of conversion. Regarding a conversion pursuant to 70-23-1101 , the following provisions apply:

(1) (a) A townhome or townhouse unit, including the structural elements and land beneath the unit as described in the surveyed site plan in 70-23-1101 (2)(a)(iv), must be considered to be owned in fee simple by the unit owner.

(b) A portion of the land depicted as common area on the surveyed site plan described in 70-23-1101 (2)(a)(iv) must be considered to be owned in common by all of the converted townhome or townhouse unit owners. The percentage of the undivided interest of each unit owner in the common area must be considered to be the same as the percentage of undivided interest owned by the owner in the common elements prior to the conversion.

(c) A lien affecting a townhome or townhouse unit is a lien against the fee simple interest of the unit owner in subsection (1)(a) and the undivided interest in the common area described in subsection (1)(b). The conversion, by itself, may not be considered to have an effect on the existing priorities of any liens concerning the converted townhome or townhouse units.

(2) The owners, lienholders, and title insurers may rely on the amended declaration's legal description of the unit provided by the surveyed site plan in 70-23-1101 (2)(a)(iv) with regard to the future conveyance of individual townhome or townhouse units.

(3) Section 71-1-108 applies to the fee simple title to the land beneath a townhome or townhouse unit acquired by the mortgagor pursuant to the conversion.

(4) Because the amended declaration must provide for the continuation of the association of unit owners pursuant to 70-23-1101 (2)(a)(iii)(B), the unit owners may not be required to form a new association of unit owners.

(5) The townhome or townhouse may not be considered removed from the provisions of this chapter solely by virtue of the conversion.

(6) If the conversion procedures in 70-23-1101 are followed, a unit owner or lienholder may not bring an action concerning the conversion, including a foreclosure based solely on the conversion, against any party associated with the conversion, including but not limited to the association of unit owners, title insurers, escrow providers, or lienholders. A person who brings an action concerning the conversion is liable for damages and attorney fees and costs to defend the action.

(7) If a foreclosure of a unit is conducted using the original condominium legal description in the trust indenture or mortgage, it will result in the foreclosure of the converted townhome or townhouse.

(8) A conversion does not constitute a removal pursuant to this chapter.
Mont. Code Ann. § 70-28-302 — MT Code / Title 70 / Chapter 28 / Part 3 / Section 70-28-302
70-28-302 Petition for deed -- qualified claimants
Status: in_force

70-28-302 . Petition for deed -- qualified claimants. A person may petition for a deed to a lot on entry townsite land from the district court of the county in which the entry townsite land is located if:

(1) the claimant entered the lot and is in possession of the lot; or

(2) the claimant is a successor in interest, by purchase or other lawful method of transferring an interest in land, of a person who originally entered the lot.
Mont. Code Ann. § 70-23-103 — MT Code / Title 70 / Chapter 23 / Part 1 / Section 70-23-103
70-23-103 Applicability -- submission by declaration required -- optional declaration for townhouses
Status: in_force

70-23-103 . Applicability -- submission by declaration required -- optional declaration for townhouses. (1) In order to submit any property to the provisions of this chapter, the sole owner or sole lessee or all of the owners or all of the lessees of the property shall execute, acknowledge, and record a declaration in the office of the recording officer of the county in which the property is located. The declaration must be executed in accordance with 70-23-301 .

(2) A declaration for a townhome or townhouse may be executed under this section. The provisions of this chapter apply to townhomes or townhouses only if a declaration is executed under this section.
Mont. Code Ann. § 70-19-304 — MT Code / Title 70 / Chapter 19 / Part 3 / Section 70-19-304
70-19-304 Statute of limitations for action for recovery of property under void conveyance from state
Status: in_force

70-19-304 . Statute of limitations for action for recovery of property under void conveyance from state. When letters patent or grants of real property issued or made by the state are declared void by the determination of a competent court, an action for the recovery of the property conveyed may be brought, either by the state or by any subsequent patentee or grantee of the property or the patentee's or grantee's heirs or assigns only within 10 years after the determination.
Mont. Code Ann. § 70-27-114 — MT Code / Title 70 / Chapter 27 / Part 1 / Section 70-27-114
70-27-114 Summons -- contents -- service
Status: in_force

70-27-114 . Summons -- contents -- service. (1) The summons must:

(a) state the parties to the proceeding, the court in which the proceeding is brought, the nature of the action in concise terms, and the relief sought; and

(b) notify the defendant to appear and answer within 10 days of service and that the relief sought will be taken against the defendant if the defendant does not appear.

(2) The summons must be directed to the defendant and must be served and returned in the same manner as a summons in civil actions is served and returned.

(3) The summons must be served personally upon the defendant if the defendant can be found with due diligence within the state, or if the defendant cannot be found with due diligence within the state, the summons must be served in the same manner as notices are required to be served in 70-27-110 .

(4) Upon the return of a summons issued under this chapter that was not served or not served in time, the plaintiff may have a new summons issued, as if no previous summons had been issued.
Mont. Code Ann. § 70-23-501 — MT Code / Title 70 / Chapter 23 / Part 5 / Section 70-23-501
70-23-501 Common profits and expenses
Status: in_force

70-23-501 . Common profits and expenses. The common profits of the property shall be distributed among and the common expenses shall be charged to the unit owners according to the percentage of undivided interest of each in the common elements.
Mont. Code Ann. § 70-28-110 — MT Code / Title 70 / Chapter 28 / Part 1 / Section 70-28-110
70-28-110 When value of improvements may be allowed as setoff
Status: in_force

70-28-110 . When value of improvements may be allowed as setoff. When damages are claimed for withholding the property recovered upon which permanent improvements have been made by a defendant or those under whom the defendant claims, holding under color of title adversely to the claim of plaintiff, in good faith, the value of the improvements must be allowed as setoff against the damage.
Mont. Code Ann. § 70-23-804 — MT Code / Title 70 / Chapter 23 / Part 8 / Section 70-23-804
70-23-804 Effect of removal -- ownership in common -- liens
Status: in_force

70-23-804 . Effect of removal -- ownership in common -- liens. If the property is removed from the provisions of this chapter, as provided by 70-23-801 through 70-23-803 , the property shall be considered owned in common by all the unit owners. The percentage of undivided interest of each unit owner in the property owned in common shall be the same as the percentage of undivided interest previously owned by such owner in the common elements. Liens affecting any unit shall be liens, in accordance with the then existing priorities, against the undivided interest of the unit owner in the property owned in common.
Mont. Code Ann. § 70-24-111 — MT Code / Title 70 / Chapter 24 / Part 1 / Section 70-24-111
70-24-111 Notice of no contact
Status: in_force

70-24-111 . Notice of no contact. (1) Except as provided in 45-5-209 , a notice of no contact to a landlord for the benefit of a tenant or to a tenant for the benefit of a landlord may only be authorized pursuant to an order of no contact issued by a court of competent jurisdiction if the person receiving the notice of no contact is acting in accordance with the provisions of Title 70, chapter 24, 25, or 33.

(2) Except as provided by 45-5-209 or this section, or if issued pursuant to an order of protection issued by a court of competent jurisdiction, a notice of no contact to a landlord for the benefit of a tenant or to a tenant for the benefit of a landlord is invalid.
Mont. Code Ann. § 70-1-320 — MT Code / Title 70 / Chapter 1 / Part 3 / Section 70-1-320
70-1-320 Perpetual interest -- duration
Status: in_force

70-1-320 . Perpetual interest -- duration. A perpetual interest has a duration equal to that of the property.
Mont. Code Ann. § 70-22-206 — MT Code / Title 70 / Chapter 22 / Part 2 / Section 70-22-206
70-22-206 Conformity to standards required for use of coordinates in recorded instrument
Status: in_force

70-22-206 . Conformity to standards required for use of coordinates in recorded instrument. Coordinates based on the Montana coordinate systems purporting to define the position of a point on a land boundary may not be presented to be recorded in any public land records or deed records unless the coordinates have been determined with respect to the national spatial reference system (NSRS) at an accuracy consistent with the relative accuracy of the land boundary as presented in the recorded instrument. Public land or deed records presented for recording that purport to define the position of a point on a land boundary based on coordinates from the Montana coordinate systems must contain a statement that identifies the specific realization of the reference frame or datum of the coordinates, including the coordinate epoch date if applicable, along with the type of equipment and methods used to perform the survey and tie it to the NSRS.
Mont. Code Ann. § 70-18-204 — MT Code / Title 70 / Chapter 18 / Part 2 / Section 70-18-204
70-18-204 Island formed in nonnavigable stream
Status: in_force

70-18-204 . Island formed in nonnavigable stream. An island or accumulation of land formed in a stream which is not navigable belongs to the owner of the shore on that side where the island or accumulation is formed or, if not formed on one side only, to the owners of the shore on the two sides, divided by an imaginary line drawn through the middle of the river.
Mont. Code Ann. § 70-23-304 — MT Code / Title 70 / Chapter 23 / Part 3 / Section 70-23-304
70-23-304 Declaration to be approved by county before recording
Status: in_force

70-23-304 . Declaration to be approved by county before recording. Before a declaration may be recorded in the county in which the property is located, it must be approved by the county. A declaration must be approved unless:

(1) the name does not comply with 70-23-303 ; and

(2) all taxes and assessments due and payable have not been paid.
Mont. Code Ann. § 70-19-411 — MT Code / Title 70 / Chapter 19 / Part 4 / Section 70-19-411
70-19-411 Occupancy and payment of taxes necessary to prove adverse possession
Status: in_force

70-19-411 . Occupancy and payment of taxes necessary to prove adverse possession. In no case shall adverse possessions be considered established under this code unless it shall be shown that the land has been occupied and claimed for a period of 5 years continuously and the party or persons, their predecessors, and grantors have during such period paid all the taxes, state, county, or municipal, which have been legally levied and assessed upon said land.
Mont. Code Ann. § 70-23-606 — MT Code / Title 70 / Chapter 23 / Part 6 / Section 70-23-606
70-23-606 Records of receipts and expenditures affecting common elements -- inspection
Status: in_force

70-23-606 . Records of receipts and expenditures affecting common elements -- inspection. (1) The manager shall keep detailed accurate records in chronological order of the receipts and expenditures affecting the common elements, itemizing the maintenance and repair expenses of the common elements and any other expenses incurred.

(2) Such records and the vouchers authorizing the payments and receipts for payments shall be available for examination at the manager's place of business by the unit owners at convenient hours of weekdays.
Mont. Code Ann. § 70-6-302 — MT Code / Title 70 / Chapter 6 / Part 3 / Section 70-6-302
70-6-302 Degree of care required of gratuitous depositary
Status: in_force

70-6-302 . Degree of care required of gratuitous depositary. A gratuitous depositary must use at least slight care for the preservation of the thing deposited.
Mont. Code Ann. § 70-5-101 — MT Code / Title 70 / Chapter 5 / Part 1 / Section 70-5-101
70-5-101 Nonapplicability to things abandoned
Status: in_force

70-5-101 . Nonapplicability to things abandoned. The provisions of this chapter have no application to things which have been intentionally abandoned by their owners.
Mont. Code Ann. § 70-21-212 — MT Code / Title 70 / Chapter 21 / Part 2 / Section 70-21-212
70-21-212 Other duties of recorder -- where found
Status: in_force

70-21-212 . Other duties of recorder -- where found. The duties of county clerks in respect to recording instruments are prescribed by Title 7, chapter 4, part 26.
Mont. Code Ann. § 70-5-202 — MT Code / Title 70 / Chapter 5 / Part 2 / Section 70-5-202
70-5-202 How sale conducted
Status: in_force

70-5-202 . How sale conducted. A sale under the provisions of 70-5-201 must be made in the same manner as the sale of a thing pledged.
Mont. Code Ann. § 70-15-204 — MT Code / Title 70 / Chapter 15 / Part 2 / Section 70-15-204
70-15-204 Estates tail abolished -- considered fee simple
Status: in_force

70-15-204 . Estates tail abolished -- considered fee simple. Estates tail are abolished, and every estate which would be at common law adjudged to be a fee tail is a fee simple and, if no valid remainder is limited thereon, is a fee simple absolute.
Mont. Code Ann. § 70-7-112 — MT Code / Title 70 / Chapter 7 / Part 1 / Section 70-7-112
70-7-112 Right of lender to require return -- indemnification of borrower
Status: in_force

70-7-112 . Right of lender to require return -- indemnification of borrower. The lender of a thing for use may at any time require its return, even though the lender lent it for a specified time or purpose. However, if on the faith of an agreement the borrower has made arrangements that a return of the thing before the period agreed upon would cause the borrower loss exceeding the benefit derived by the borrower from the loan, the lender shall indemnify the borrower for the loss if the lender compels a return and the borrower has not in any manner violated the borrower's duty.
Mont. Code Ann. § 70-21-309 — MT Code / Title 70 / Chapter 21 / Part 3 / Section 70-21-309
70-21-309 Validation of conveyances recorded after defective execution -- notice imparted
Status: in_force

70-21-309 . Validation of conveyances recorded after defective execution -- notice imparted. (1) Any instrument affecting real property, provided no action is pending as of October 1, 1991, to set such instrument aside, which was, previous to January 1, 1991, recorded in the office of the county clerk and recorder shall be deemed to impart after that date notice of its contents to subsequent purchasers and encumbrancers, notwithstanding any technical defect, omission, or informality in the execution of the instrument or in the certificate of acknowledgment thereof or the absence of any such certificate; but nothing herein shall be deemed to affect the rights of purchasers or encumbrancers previous to January 1, 1991.

(2) Duly certified copies of the record of any such instrument may be read in evidence with like effect as copies of an instrument duly acknowledged and recorded.
Mont. Code Ann. § 70-1-308 — MT Code / Title 70 / Chapter 1 / Part 3 / Section 70-1-308
70-1-308 Safe deposit box -- joint tenancy
Status: in_force

70-1-308 . Safe deposit box -- joint tenancy. When so specified in the agreement granting for a term of time the right in two or more persons to use or occupy any safe or box, commonly referred to as a safe deposit vault or box for the safekeeping of valuables, such interest and estate created in the grantees shall be a joint tenancy in such vault or box and pass to the survivors and survivor upon the death of one or more of the joint tenants with right in such survivors and survivor to have access to and possession of such vault or box and the contents thereof under the terms of the agreement.
Mont. Code Ann. § 70-27-111 — MT Code / Title 70 / Chapter 27 / Part 1 / Section 70-27-111
70-27-111 Parties defendant
Status: in_force

70-27-111 . Parties defendant. (1) A person, other than the tenant of the premises and a subtenant, if there is one, occupying the premises when the complaint is filed need not be made a party defendant in the proceeding, and a proceeding may not abate or the plaintiff be nonsuited for the nonjoinder of any person who might have been made a party defendant. However, when it appears that any of the parties served with process or appearing in the proceeding is guilty of the offense charged, judgment must be rendered against that party.

(2) If a defendant has become a subtenant of the premises in controversy after the service of the notice provided for by 70-27-108 (2) upon the tenant of the premises, the fact that the notice was not served on each subtenant does not constitute a defense to the action.

(3) If a married person is a tenant or subtenant, failure to join the person's spouse does not constitute a defense. However, if the spouse is not joined, an execution issued upon a personal judgment against the tenant or subtenant may be enforced only against property on the premises at the commencement of the action or against property that is owned solely by the tenant or subtenant and not by the tenant's or subtenant's spouse.

(4) All persons who enter the premises after the commencement of the action are bound by the judgment in the same manner as if they had been made party to the action.
Mont. Code Ann. § 70-30-108 — MT Code / Title 70 / Chapter 30 / Part 1 / Section 70-30-108
70-30-108 No abrogation of provisions relating to city or county roads
Status: in_force

70-30-108 . No abrogation of provisions relating to city or county roads. This chapter may not be construed to abrogate or repeal any statute providing for the taking of property in any county, city, or town for road or street purposes.
Mont. Code Ann. § 70-33-315 — MT Code / Title 70 / Chapter 33 / Part 3 / Section 70-33-315
70-33-315 Road maintenance obligations
Status: in_force

70-33-315 . Road maintenance obligations. In addition to the obligations imposed by 70-33-303 , the mobile home park landlord shall maintain common roads within the mobile home park in a safe condition, including arranging for snow plowing as is reasonable to keep the roads passable.
Mont. Code Ann. § 70-29-309 — MT Code / Title 70 / Chapter 29 / Part 3 / Section 70-29-309
70-29-309 Referees' report of sale
Status: in_force

70-29-309 . Referees' report of sale. (1) After completing a sale of the property or any part thereof ordered to be sold, the referees must report the same to the court with:

(a) a description of the different parcels of land sold to each purchaser;

(b) the price paid or secured;

(c) the terms and conditions of the sale; and

(d) the securities, if any, taken.

(2) The report must be filed in the office of the clerk of the court and a certified copy thereof in the office of the county clerk and recorder of the county where the property is situated.
Mont. Code Ann. § 70-1-521 — MT Code / Title 70 / Chapter 1 / Part 5 / Section 70-1-521
70-1-521 Grant may inure to benefit of stranger
Status: in_force

70-1-521 . Grant may inure to benefit of stranger. Except as provided in 70-1-522 , a present interest and the benefit of a condition or covenant respecting property may be taken by any natural person under a grant although not named a party to the grant.
Mont. Code Ann. § 70-6-107 — MT Code / Title 70 / Chapter 6 / Part 1 / Section 70-6-107
70-6-107 Deposit for exchange defined
Status: in_force

70-6-107 . Deposit for exchange defined. A deposit for exchange is one in which the depositary is only bound to return a thing corresponding in kind to that which is deposited.
Mont. Code Ann. § 70-31-104 — MT Code / Title 70 / Chapter 31 / Part 1 / Section 70-31-104
70-31-104 New rights and powers not created
Status: in_force

70-31-104 . New rights and powers not created. (1) This chapter may not be construed as creating, in any condemnation proceedings brought under the power of eminent domain as provided in Title 70, chapter 30, any element of value or damage that is not in existence immediately prior to July 1, 1971.

(2) This chapter may not be construed as, directly or indirectly, granting any new or additional power of eminent domain.
Mont. Code Ann. § 70-29-402 — MT Code / Title 70 / Chapter 29 / Part 4 / Section 70-29-402
70-29-402 Definitions
Status: in_force

70-29-402 . Definitions. As used in this part, the following definitions apply:

(1) "Ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual.

(2) "Collateral" means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant.

(3) "Descendant" means an individual who follows another individual in lineage, in the direct line of descent from the other individual.

(4) "Determination of value" means a court order determining the fair market value of heirs property under 70-29-410 or 70-29-414 or adopting the valuation of the property agreed to by all cotenants.

(5) "Heirs property" means real property held in tenancy in common that satisfies all of the following requirements as of the filing of a partition action:

(a) there is no agreement in a record binding all the cotenants that governs the partition of the property;

(b) one or more of the cotenants acquired title from a relative, whether living or deceased; and

(c) any of the following applies:

(i) 20% or more of the interests are held by cotenants who are relatives;

(ii) 20% or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or

(iii) 20% or more of the cotenants are relatives.

(6) "Partition by sale" means a court-ordered sale of the entire heirs property, whether by auction, sealed bids, or open-market sale conducted under 70-29-414 .

(7) "Partition in kind" means the division of heirs property into physically distinct and separately titled parcels.

(8) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(9) "Relative" means an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or law of this state other than this part.
Mont. Code Ann. § 70-22-201 — MT Code / Title 70 / Chapter 22 / Part 2 / Section 70-22-201
70-22-201 Coordinate systems adopted -- designation -- division of state into zones
Status: in_force

70-22-201 . Coordinate systems adopted -- designation -- division of state into zones. (1) The North American datum systems of plane coordinates that have been established by the national oceanic and atmospheric administration/national geodetic survey (formerly the United States coast and geodetic survey) or a successor for defining and stating the positions or locations of points on the surface of the earth within the state of Montana are to be known and designated from now on as the "Montana coordinate system NAD 27", the "Montana coordinate system NAD 83", and the "Montana plane coordinate system".

(2) For the purpose of the use of the Montana coordinate system NAD 27, the state is divided into a north zone and a central zone and a south zone as provided in subsections (3) through (5).

(3) The area now included in the following counties shall constitute the north zone: Blaine, Chouteau, Daniels, Flathead, Glacier, Hill, Liberty, Lincoln, Phillips, Pondera, Roosevelt, Sheridan, Teton, Toole, and Valley.

(4) The area now included in the following counties shall constitute the central zone: Cascade, Dawson, Fergus, Garfield, Judith Basin, Lake, Lewis and Clark, McCone, Meagher, Mineral, Missoula, Petroleum, Powell, Prairie, Richland, Sanders, and Wibaux.

(5) The area now included in the following counties shall constitute the south zone: Beaverhead, Big Horn, Broadwater, Carbon, Carter, Custer, Deer Lodge, Fallon, Gallatin, Golden Valley, Granite, Jefferson, Madison, Musselshell, Park, Powder River, Ravalli, Rosebud, Silver Bow, Stillwater, Sweet Grass, Treasure, Wheatland, and Yellowstone.

(6) For the purpose of the use of the Montana coordinate system NAD 83, the state is a single zone.

(7) For the purpose of the use of the Montana plane coordinate system (MTPCS), the most recent system of plane coordinates that has been established by the national geodetic survey (NGS), or a successor, that is based on the North American terrestrial reference frame of 2022 (NATRF2022), or a successor, and the national spatial reference system (NSRS), or a successor, and known as the state plane coordinate system (SPCS), or a successor, for defining and stating the geographic positions or locations of points within the state must be known as the "Montana plane coordinate system".
Mont. Code Ann. § 70-32-207 — MT Code / Title 70 / Chapter 32 / Part 2 / Section 70-32-207
70-32-207 Duty of appraisers
Status: in_force

70-32-207 . Duty of appraisers. They must view the premises and appraise the value thereof, and if the appraised value exceeds the homestead exemption, they must determine whether the land claimed can be divided without material injury.
Mont. Code Ann. § 70-33-431 — MT Code / Title 70 / Chapter 33 / Part 4 / Section 70-33-431
70-33-431 Retaliatory conduct by landlord prohibited
Status: in_force

70-33-431 . 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 70-33-303 ; or

(c) has organized or become a member of a tenant's union, mobile home park resident association, 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 70-33-409 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 subsection, "rebuttable presumption" means that the trier of fact is required to find the existence of the fact presumed unless evidence is introduced that would support a finding of its nonexistence.

(4) Subsections (1) through (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 lot.

(5) The maintenance of an action under subsection (4) of this section does not release the landlord from liability under 70-33-404 (2).