reglab/housing_qa huggingface dataset:
MT Code § 70-21-201 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 21. Recording Transfers and Other Transactions Relating to Real Property|Part 2. Recording -- Procedure|70-21-201. What may be recorded -- recording copy in another county

  70-21-201. What may be recorded -- recording copy in another county. (1) Any instrument or judgment affecting the title to or possession of real property may be recorded under this part.   (2) When any instrument or judgment affecting the title to or possession of real property situated in more than one county in this state has been recorded in either of such counties, a copy thereof, certified to by the county clerk of the county in which it has been recorded, may be recorded in any other county in this state wherein any portion of the real property affected by such instrument or judgment is situated, and such records will have the same effect as if the original instrument or judgment had been so recorded.   History: En. Sec. 1570, Civ. C. 1895; re-en. Sec. 4643, Rev. C. 1907; amd. Sec. 1, Ch. 28, L. 1919; re-en. Sec. 6890, R.C.M. 1921; Cal. Civ. C. Sec. 1158; Field Civ. C. Sec. 508; re-en. Sec. 6890, R.C.M. 1935; R.C.M. 1947, 73-101.
MT Code § 70-21-202 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 21. Recording Transfers and Other Transactions Relating to Real Property|Part 2. Recording -- Procedure|70-21-202. Certain transfers in trust -- mortgages -- when to be recorded

  70-21-202. Certain transfers in trust -- mortgages -- when to be recorded. Transfers of property in trust for the benefit of creditors and transfers or liens on property by way of mortgage or abstract of such document are required to be recorded in the cases specified in Title 31, chapter 2, on the special relation of debtor and creditor and Title 71 on mortgages, respectively.   History: En. Sec. 1575, Civ. C. 1895; re-en. Sec. 4648, Rev. C. 1907; re-en. Sec. 6895, R.C.M. 1921; Cal. Civ. C. Sec. 1164; Field Civ. C. Sec. 511; re-en. Sec. 6895, R.C.M. 1935; amd. Sec. 4, Ch. 218, L. 1971; R.C.M. 1947, 73-107.
MT Code § 70-21-203 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 21. Recording Transfers and Other Transactions Relating to Real Property|Part 2. Recording -- Procedure|70-21-203. Acknowledgment of instruments required -- exceptions

  70-21-203. Acknowledgment of instruments required -- exceptions. Unless an instrument belongs to a class provided for in either 70-21-205 or 70-21-207, before the instrument can be recorded, its execution must be acknowledged as provided in subsection (1) or proved as provided in subsection (2).   (1) Execution of the instrument must be acknowledged, as acknowledgment is defined in 1-5-602:   (a) by the person executing it; or   (b) if executed by a corporation, by its president, vice president, secretary, or assistant secretary or by any other person duly authorized by resolution by the corporation to act on behalf of the corporation.   (2) Execution of the instrument must be proved by a subscribing witness or as provided in 1-5-302 and 1-5-303. Proof of execution as provided for in this subsection must be notarized as provided in Title 1, chapter 5.   History: En. Sec. 1573, Civ. C. 1895; re-en. Sec. 4646, Rev. C. 1907; re-en. Sec. 6893, R.C.M. 1921; Cal. Civ. C. Sec. 1161; Based on Field Civ. C. Sec. 509; amd. Sec. 1, Ch. 16, L. 1931; re-en. Sec. 6893, R.C.M. 1935; amd. Sec. 1, Ch. 170, L. 1937; R.C.M. 1947, 73-105; amd. Sec. 21, Ch. 192, L. 1993; amd. Sec. 89, Ch. 51, L. 1999.
MT Code § 70-21-204 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 21. Recording Transfers and Other Transactions Relating to Real Property|Part 2. Recording -- Procedure|70-21-204. Proof of handwriting acceptable for recording -- when

  70-21-204. Proof of handwriting acceptable for recording -- when. An instrument proved and certified pursuant to 1-5-302 and 1-5-303 may be recorded in the proper office if the original is at the same time deposited therein to remain for public inspection, but not otherwise.   History: En. Sec. 1574, Civ. C. 1895; re-en. Sec. 4647, Rev. C. 1907; re-en. Sec. 6894, R.C.M. 1921; Cal. Civ. C. Sec. 1162; Field Civ. C. Sec. 510; re-en. Sec. 6894, R.C.M. 1935; R.C.M. 1947, 73-106.
MT Code § 70-21-205 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 21. Recording Transfers and Other Transactions Relating to Real Property|Part 2. Recording -- Procedure|70-21-205. Acknowledgment unnecessary for recording judgments

  70-21-205. Acknowledgment unnecessary for recording judgments. Judgments affecting the title to or possession of real property, authenticated by the certificate of the clerk of the court in which such judgments were rendered, may be recorded without acknowledgment or further proof.   History: En. Sec. 1571, Civ. C. 1895; re-en. Sec. 4644, Rev. C. 1907; re-en. Sec. 6891, R.C.M. 1921; Cal. Civ. C. Sec. 1159; re-en. Sec. 6891, R.C.M. 1935; R.C.M. 1947, 73-102.
MT Code § 70-21-206 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 21. Recording Transfers and Other Transactions Relating to Real Property|Part 2. Recording -- Procedure|70-21-206. Recording of return of sale under court decree

  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."   History: En. Sec. 1, Ch. 42, L. 1927; re-en. Sec. 6891.1, R.C.M. 1935; R.C.M. 1947, 73-103.
MT Code § 70-21-207 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 21. Recording Transfers and Other Transactions Relating to Real Property|Part 2. Recording -- Procedure|70-21-207. Letters patent and other federal and state documents -- recording without acknowledgment

  70-21-207. Letters patent and other federal and state documents -- recording without acknowledgment. Letters patent from the United States or from the state of Montana or other documents and instruments or duly certified copies thereof issued by or pursuant to the authority of the United States or the state of Montana which evidence title to land or affect the title thereof, executed and authenticated pursuant to existing law, may be recorded without acknowledgment or further proof; and where letters patent have been lost or are beyond the control of any party deraigning title therefrom or for any reason they remain unrecorded, any person claiming title thereunder may cause a transcript of the copy of such letters patent kept by the government issuing the same, duly certified by the officer or individual having lawful custody of such copy, to be recorded in lieu of the original; and such recorded copy shall have prima facie the same force and effect as the original for title or for evidence until the original letters patent be recorded.   History: En. Sec. 1572, Civ. C. 1895; re-en. Sec. 4645, Rev. C. 1907; re-en. Sec. 6892, R.C.M. 1921; Cal. Civ. C. Sec. 1160; re-en. Sec. 6892, R.C.M. 1935; amd. Sec. 1, Ch. 148, L. 1957; R.C.M. 1947, 73-104.
MT Code § 70-21-208 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 21. Recording Transfers and Other Transactions Relating to Real Property|Part 2. Recording -- Procedure|70-21-208. In what county to be recorded

  70-21-208. In what county to be recorded. Instruments entitled to be recorded must be recorded by the county clerk of the county in which the real property affected thereby is situated.   History: En. Sec. 1590, Civ. C. 1895; re-en. Sec. 4650, Rev. C. 1907; re-en. Sec. 6898, R.C.M. 1921; Cal. Civ. C. Sec. 1169; Based on Field Civ. C. Sec. 512; re-en. Sec. 6898, R.C.M. 1935; R.C.M. 1947, 73-110.
MT Code § 70-21-209 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 21. Recording Transfers and Other Transactions Relating to Real Property|Part 2. Recording -- Procedure|70-21-209. When instrument considered recorded

  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.   History: En. Sec. 1591, Civ. C. 1895; re-en. Sec. 4651, Rev. C. 1907; re-en. Sec. 6899, R.C.M. 1921; Cal. Civ. C. Sec. 1170; Based on Field Civ. C. Sec. 513; re-en. Sec. 6899, R.C.M. 1935; R.C.M. 1947, 73-111.
MT Code § 70-21-210 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 21. Recording Transfers and Other Transactions Relating to Real Property|Part 2. Recording -- Procedure|70-21-210. Clerk to endorse fee

  70-21-210. Clerk to endorse fee. The county clerk shall in all cases endorse the amount of the fee for recording on the instrument recorded.   History: En. Sec. 1576, Civ. C. 1895; re-en. Sec. 4649, Rev. C. 1907; re-en. Sec. 6896, R.C.M. 1921; Cal. Civ. C. Sec. 1165; re-en. Sec. 6896, R.C.M. 1935; R.C.M. 1947, 73-108; amd. Sec. 2155, Ch. 56, L. 2009.
MT Code § 70-21-211 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 21. Recording Transfers and Other Transactions Relating to Real Property|Part 2. Recording -- Procedure|70-21-211. Record books to be separate

  70-21-211. Record books to be separate. Grants absolute in terms are to be recorded in one set of books and mortgages and securities in the nature of mortgages in another.   History: En. Sec. 1592, Civ. C. 1895; re-en. Sec. 4652, Rev. C. 1907; re-en. Sec. 6900, R.C.M. 1921; Cal. Civ. C. Sec. 1171; re-en. Sec. 6900, R.C.M. 1935; R.C.M. 1947, 73-112.
MT Code § 70-21-212 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 21. Recording Transfers and Other Transactions Relating to Real Property|Part 2. Recording -- Procedure|70-21-212. Other duties of recorder -- where found

  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.   History: En. Sec. 1593, Civ. C. 1895; re-en. Sec. 4653, Rev. C. 1907; re-en. Sec. 6901, R.C.M. 1921; Cal. Civ. C. Sec. 1172; Based on Field Civ. C. Sec. 514; re-en. Sec. 6901, R.C.M. 1935; R.C.M. 1947, 73-113.
MT Code § 70-21-213 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 21. Recording Transfers and Other Transactions Relating to Real Property|Part 2. Recording -- Procedure|70-21-213. Taxes paid before recording division or merger of real property

  70-21-213. Taxes paid before recording division or merger of real property. An instrument or deed evidencing either a division of real property or a merger of real property may not be accepted for recordation unless accompanied by a certification from the county treasurer that taxes and special assessments that have been assessed and levied have been paid.   History: En. Sec. 4, Ch. 366, L. 1993.
MT Code § 70-21-301 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 21. Recording Transfers and Other Transactions Relating to Real Property|Part 3. Effect of Recording|70-21-301. Conveyance defined

  70-21-301. Conveyance defined. The term "conveyance", as used in 70-21-302 through 70-21-304, embraces every instrument in writing by which any estate or interest in real property is created, aliened, mortgaged, or encumbered or by which the title to real property may be affected, except wills.   History: En. Sec. 1642, Civ. C. 1895; re-en. Sec. 4685, Rev. C. 1907; re-en. Sec. 6936, R.C.M. 1921; Cal. Civ. C. Sec. 1215; Based on Field Civ. C. Sec. 531; re-en. Sec. 6936, R.C.M. 1935; R.C.M. 1947, 73-203.
MT Code § 70-21-302 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 21. Recording Transfers and Other Transactions Relating to Real Property|Part 3. Effect of Recording|70-21-302. Recording as constructive notice -- effect of recording copy in other county

  70-21-302. Recording as constructive notice -- effect of recording copy in other county. (1) Every conveyance of real property acknowledged or proved and certified and recorded as prescribed by law, from the time it is filed with the county clerk for record, is constructive notice of the contents thereof to subsequent purchasers and mortgagees.   (2) A certified copy of any such recorded conveyance may be recorded in any other county, and when so recorded the record thereof shall have the same force and effect as though it was of the original conveyance.   History: En. Sec. 259, 5th Div. Comp. Stat. 1887; re-en. Sec. 1640, Civ. C. 1895; re-en. Sec. 4683, Rev. C. 1907; amd. Sec. 1, Ch. 33, L. 1921; re-en. Sec. 6934, R.C.M. 1921; Cal. Civ. C. Secs. 1213, 1218; re-en. Sec. 6934, R.C.M. 1935; amd. Sec. 1, Ch. 147, L. 1967; R.C.M. 1947, 73-201(part).
MT Code § 70-21-303 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 21. Recording Transfers and Other Transactions Relating to Real Property|Part 3. Effect of Recording|70-21-303. After-acquired interest -- effect on notice

  70-21-303. After-acquired interest -- effect on notice. Further, every conveyance and/or encumbrance of real property acknowledged or proved and certified and recorded as prescribed by law and which is executed by one who thereafter acquires an interest in the real property by a conveyance which said conveyance is constructive notice as aforesaid is, from the time such latter conveyance is filed with the county clerk for record, constructive notice of the contents of such earlier conveyance and/or encumbrance to subsequent takers, purchasers, mortgagees, or other encumbrancers or transferees.   History: En. Sec. 259, 5th Div. Comp. Stat. 1887; re-en. Sec. 1640, Civ. C. 1895; re-en. Sec. 4683, Rev. C. 1907; amd. Sec. 1, Ch. 33, L. 1921; re-en. Sec. 6934, R.C.M. 1921; Cal. Civ. C. Secs. 1213, 1218; re-en. Sec. 6934, R.C.M. 1935; amd. Sec. 1, Ch. 147, L. 1967; R.C.M. 1947, 73-201(part).
MT Code § 70-21-304 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 21. Recording Transfers and Other Transactions Relating to Real Property|Part 3. Effect of Recording|70-21-304. Conveyance void as against other conveyance recorded first

  70-21-304. Conveyance void as against other conveyance recorded first. Every conveyance of real property, other than a lease for a term not exceeding 1 year, is void against any subsequent purchaser or encumbrancer, including an assignee of a mortgage, lease, or other conditional estate, of the same property or any part thereof in good faith and for a valuable consideration whose conveyance is first duly recorded.   History: En. Sec. 260, 5th Div. Comp. Stat. 1887; re-en. Sec. 1641, Civ. C. 1895; re-en. Sec. 4684, Rev. C. 1907; re-en. Sec. 6935, R.C.M. 1921; Cal. Civ. C. Sec. 1214; Based on Field Civ. C. Sec. 530; re-en. Sec. 6935, R.C.M. 1935; R.C.M. 1947, 73-202.
MT Code § 70-21-305 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 21. Recording Transfers and Other Transactions Relating to Real Property|Part 3. Effect of Recording|70-21-305. Abstract of conveyance -- effect of recording

  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.   History: En. Sec. 3, Ch. 218, L. 1971; R.C.M. 1947, 73-201.1.
MT Code § 70-21-306 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 21. Recording Transfers and Other Transactions Relating to Real Property|Part 3. Effect of Recording|70-21-306. Recording judgments to impart notice

  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.   History: En. Sec. 4415, Pol. C. 1895; re-en. Sec. 3036, Rev. C. 1907; re-en. Sec. 4802, R.C.M. 1921; Cal. Pol. C. Sec. 4239; re-en. Sec. 4802, R.C.M. 1935; R.C.M. 1947, 16-2908.
MT Code § 70-21-307 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 21. Recording Transfers and Other Transactions Relating to Real Property|Part 3. Effect of Recording|70-21-307. Effect of conveyance to grantee as trustee when no trust conditions provided

  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.   History: En. Sec. 1, Ch. 64, L. 1943; R.C.M. 1947, 73-206; amd. Sec. 2156, Ch. 56, L. 2009.
MT Code § 70-21-308 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 21. Recording Transfers and Other Transactions Relating to Real Property|Part 3. Effect of Recording|70-21-308. Power of attorney contained in recorded instrument -- how revoked

  70-21-308. Power of attorney contained in recorded instrument -- how revoked. No instrument containing a power to convey or execute instruments affecting real property, which has been recorded, is revoked by any act of the party by whom it was executed unless the instrument containing such revocation is also acknowledged or proved, certified, and recorded in the same office in which the instrument containing the power was recorded.   History: En. Sec. 1643, Civ. C. 1895; re-en. Sec. 4686, Rev. C. 1907; re-en. Sec. 6937, R.C.M. 1921; Cal. Civ. C. Sec. 1216; Based on Field Civ. C. Sec. 532; re-en. Sec. 6937, R.C.M. 1935; R.C.M. 1947, 73-204.
MT Code § 70-21-309 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 21. Recording Transfers and Other Transactions Relating to Real Property|Part 3. Effect of Recording|70-21-309. Validation of conveyances recorded after defective execution -- notice imparted

  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.   History: En. Sec. 1, Ch. 147, L. 1973; R.C.M. 1947, 73-213; amd. Sec. 1, Ch. 476, L. 1981; amd. Sec. 2, Ch. 296, L. 1983; amd. Sec. 1, Ch. 284, L. 1991.
MT Code § 70-21-310 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 21. Recording Transfers and Other Transactions Relating to Real Property|Part 3. Effect of Recording|70-21-310. Validation of recorded instruments omitting address of grantee -- notice imparted

  70-21-310. Validation of recorded instruments omitting address of grantee -- notice imparted. (1) Any deed, mortgage, or assignment of mortgage which was, previous to July 1, 1931, copied into the proper book kept in the office of the county clerk and recorder shall be deemed to impart, after July 1, 1931, notice of its contents to subsequent purchasers and encumbrancers notwithstanding the omission therefrom of the post-office address of the grantee, mortgagee, or assignee of the mortgagee, as the case may be; and all such instruments recorded before July 1, 1931, which do not contain the post-office address of the grantee, mortgagee, or assignee of the mortgagee, as the case may be, shall be valid and shall have the same force and effect as though the post-office address of such grantee, mortgagee, or assignee of the mortgagee were contained therein; but nothing herein shall be deemed to affect the rights of purchasers or encumbrancers previous to July 1, 1931.   (2) Duly certified copies of the record of any such instrument may be read in evidence with like effect as certified copies of instruments duly recorded containing the post-office address of the grantee, mortgagee, or assignee of the mortgagee, as the case may be.   History: En. Sec. 1, Ch. 37, L. 1931; re-en. Sec. 6933.1, R.C.M. 1935; R.C.M. 1947, 39-132.
MT Code § 70-22-101 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 22. Corner Recordation Act Surveys and Coordinates|Part 1. Corner Recordation Act|70-22-101. Short title

  70-22-101. Short title. This part may be cited as the "Corner Recordation Act of Montana".   History: En. Sec. 1, Ch. 202, L. 1963; R.C.M. 1947, 67-2001.
MT Code § 70-22-102 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 22. Corner Recordation Act Surveys and Coordinates|Part 1. Corner Recordation Act|70-22-102. Purpose

  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.   History: En. Sec. 2, Ch. 202, L. 1963; R.C.M. 1947, 67-2002.