reglab/housing_qa huggingface dataset:
MT Code § 70-19-409 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 19. Real Property Actions Generally Limitations and Adverse Possession|Part 4. Limitations and Adverse Possession|70-19-409. Actual occupancy under claim of title not founded on instrument or judgment -- adverse

  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.   History: En. Sec. 6, p. 467, Bannack Stat.; re-en. Sec. 6, p. 516, Cod. Stat. 1871; re-en. Sec. 35, p. 46, L. 1877; re-en. Sec. 35, 1st Div. Rev. Stat. 1879; re-en. Sec. 35, 1st Div. Comp. Stat. 1887; amd. Sec. 489, C. Civ. Proc. 1895; re-en. Sec. 6438, Rev. C. 1907; re-en. Sec. 9021, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 324; re-en. Sec. 9021, R.C.M. 1935; R.C.M. 1947, 93-2510.
MT Code § 70-19-410 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 19. Real Property Actions Generally Limitations and Adverse Possession|Part 4. Limitations and Adverse Possession|70-19-410. Claim of title not founded on instrument or judgment -- what considered occupation

  70-19-410. Claim of title not founded on instrument or judgment -- what considered occupation. For the purpose of constituting an adverse possession by a person claiming title not founded upon a written instrument, judgment, or decree, land is deemed to have been possessed and occupied in the following cases only:   (1) where it has been protected by a substantial enclosure;   (2) where it has been usually cultivated or improved.   History: En. Sec. 7, p. 467, Bannack Stat.; re-en. Sec. 7, p. 516, Cod. Stat. 1871; amd. Sec. 36, p. 47, L. 1877; re-en. Sec. 36, 1st Div. Rev. Stat. 1879; re-en. Sec. 36, 1st Div. Comp. Stat. 1887; re-en. Sec. 490, C. Civ. Proc. 1895; re-en. Sec. 6439, Rev. C. 1907; re-en. Sec. 9022, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 325; re-en. Sec. 9022, R.C.M. 1935; R.C.M. 1947, 93-2511.
MT Code § 70-19-411 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 19. Real Property Actions Generally Limitations and Adverse Possession|Part 4. Limitations and Adverse Possession|70-19-411. Occupancy and payment of taxes necessary to prove adverse possession

  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.   History: En. Sec. 1, Ch. 3, L. 1917; re-en. Sec. 9024, R.C.M. 1921; re-en. Sec. 9024, R.C.M. 1935; amd. Sec. 7, Ch. 224, L. 1953; R.C.M. 1947, 93-2513.
MT Code § 70-19-412 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 19. Real Property Actions Generally Limitations and Adverse Possession|Part 4. Limitations and Adverse Possession|70-19-412. Relation of landlord and tenant as affecting adverse possession

  70-19-412. Relation of landlord and tenant as affecting adverse possession. When the relation of landlord and tenant has existed between any persons, the possession of the tenant is considered the possession of the landlord until the expiration of 5 years from the termination of the tenancy or, when there has been no written lease, until the expiration of 5 years from the time of the last payment of rent, notwithstanding that the tenant may have acquired another title or may have claimed to hold adversely to the landlord. However, the enumerated presumptions may not be made after the periods prescribed in this section.   History: En. Sec. 37, p. 47, L. 1877; re-en. Sec. 37, 1st Div. Rev. Stat. 1879; re-en. Sec. 37, 1st Div. Comp. Stat. 1887; amd. Sec. 491, C. Civ. Proc. 1895; re-en. Sec. 6440, Rev. C. 1907; re-en. Sec. 9023, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 326; re-en. Sec. 9023, R.C.M. 1935; amd. Sec. 6, Ch. 224, L. 1953; R.C.M. 1947, 93-2512; amd. Sec. 2139, Ch. 56, L. 2009.
MT Code § 70-19-413 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 19. Real Property Actions Generally Limitations and Adverse Possession|Part 4. Limitations and Adverse Possession|70-19-413. Certain disabilities to suspend running of statutory period

  70-19-413. Certain disabilities to suspend running of statutory period. (1) Subsection (2) applies if a person entitled to commence an action for the recovery of real property or for the recovery of the possession of real property or to make any entry or defense founded on the title to real property or to rents or services out of the same is, at the same time the title first descends or accrues:   (a) under the age of majority;   (b) committed pursuant to 53-21-127; or   (c) imprisoned on a criminal charge or in execution upon conviction of a criminal offense for a term of less than for life.   (2) The time during which disability continues is not considered any portion of the time in this chapter limited for the commencement of the action or the making of the entry or defense. The action may be commenced or entry or defense made within the period of 5 years after the disability ceases or after the death of the person entitled who dies under the disability, but the action may not be commenced or entry or defense made after that period.   History: En. Sec. 39, p. 48, L. 1877; re-en. Sec. 39, 1st Div. Rev. Stat. 1879; re-en. Sec. 39, 1st Div. Comp. Stat. 1887; amd. Sec. 493, C. Civ. Proc. 1895; re-en. Sec. 6442, Rev. C. 1907; re-en. Sec. 9026, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 328; re-en. Sec. 9026, R.C.M. 1935; amd. Sec. 8, Ch. 224, L. 1953; R.C.M. 1947, 93-2515; amd. Sec. 6, Ch. 115, L. 1979; amd. Sec. 181, Ch. 575, L. 1981; amd. Sec. 35, Ch. 490, L. 1997.
MT Code § 70-19-414 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 19. Real Property Actions Generally Limitations and Adverse Possession|Part 4. Limitations and Adverse Possession|70-19-414. Right of possession not affected by descent cast

  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.   History: En. Sec. 38, p. 48, L. 1877; re-en. Sec. 38, 1st Div. Rev. Stat. 1879; re-en. Sec. 38, 1st Div. Comp. Stat. 1887; re-en. Sec. 492, C. Civ. Proc. 1895; re-en. Sec. 6441, Rev. C. 1907; re-en. Sec. 9025, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 327; re-en. Sec. 9025, R.C.M 1935; R.C.M. 1947, 93-2514.
MT Code § 70-19-415 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 19. Real Property Actions Generally Limitations and Adverse Possession|Part 4. Limitations and Adverse Possession|70-19-415. through 70-19-420 reserved

  70-19-415 through 70-19-420 reserved.
MT Code § 70-19-421 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 19. Real Property Actions Generally Limitations and Adverse Possession|Part 4. Limitations and Adverse Possession|70-19-421. Action to recover royalty interest in land sold for taxes

  70-19-421. Action to recover royalty interest in land sold for taxes. An action against a county to recover a royalty interest in land acquired by the county by tax deed must be brought within the period prescribed in 27-2-210.   History: En. Sec. 4, Ch. 458, L. 1985.
MT Code § 70-19-422 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 19. Real Property Actions Generally Limitations and Adverse Possession|Part 4. Limitations and Adverse Possession|70-19-422. through 70-19-425 reserved

  70-19-422 through 70-19-425 reserved.
MT Code § 70-19-426 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 19. Real Property Actions Generally Limitations and Adverse Possession|Part 4. Limitations and Adverse Possession|70-19-426. Residential construction disputes -- definitions

  70-19-426. Residential construction disputes -- definitions. As used in 70-19-427, 70-19-428, and this section, the following definitions apply:   (1) (a) "Action" means any civil lawsuit or action in contract or tort for damage or indemnity brought against a construction professional to assert a claim, whether by complaint, counterclaim, or cross-claim, for damage or the loss of use of real or personal property caused by a defect in the construction or remodeling of a residence.   (b) The term does not include a civil action in tort alleging personal injury or wrongful death to a person or persons resulting from a construction defect.   (2) "Association" means a unit owners' organization or a nonprofit corporation created to own and operate portions of a planned community that has the power to require unit owners to pay the costs and expenses incurred in the performance of the association's obligations.   (3) "Claimant" means a home owner or association that asserts a claim against a construction professional concerning a defect in the construction or remodeling of a residence.   (4) "Construction defect" means a deficiency in or arising out of the supervision, construction, or remodeling of a residence that results from any of the following:   (a) defective materials, products, or components used in the construction or remodeling of a residence;   (b) violation of the applicable building, plumbing, or electrical codes in effect at the time of the construction or remodeling of a residence;   (c) failure to construct or remodel a residence in accordance with contract specifications or accepted trade standards.   (5) "Construction professional" means a builder, builder vendor, contractor, or subcontractor performing or furnishing the supervision of the construction or remodeling of any improvement to real property, whether operating as a sole proprietor, partnership, corporation, or other business entity.   (6) (a) "Home owner" means:   (i) any person, company, firm, partnership, corporation, or association who contracts with a construction professional for the remodeling, construction, or construction and sale of a residence; or   (ii) an association as defined in this section.   (b) The term home owner includes but is not limited to a subsequent purchaser of a residence from any home owner.   (7) "Residence" means a single-family house or a unit in a multiunit residential structure in which title to each individual unit is transferred to the owner under a condominium or cooperative system.   (8) "Serve" or "service" means personal service or delivery by certified mail to the last-known address of the addressee.   History: En. Sec. 1, Ch. 412, L. 2003.
MT Code § 70-19-428 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 19. Real Property Actions Generally Limitations and Adverse Possession|Part 4. Limitations and Adverse Possession|70-19-428. Construction defect disputes -- damages

  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.   History: En. Sec. 3, Ch. 412, L. 2003.
MT Code § 70-20-101 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 20. Transfer of Real Property|Part 1. Method of Transfer|70-20-101. Transfer to be in writing -- statute of frauds

  70-20-101. Transfer to be in writing -- statute of frauds. An estate or interest in real property, other than an estate at will or for a term not exceeding 1 year, may not be created, granted, assigned, surrendered, or declared otherwise than by operation of law or a conveyance or other instrument in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring it or by the party's lawful agent authorized by writing.   History: En. Sec. 6, p. 393, Cod. Stat. 1871; re-en. Sec. 160, 5th Div. Rev. Stat. 1879; re-en. Sec. 217, 5th Div. Comp. Stat. 1887; re-en. Sec. 3274, C. Civ. Proc. 1895; re-en. Sec. 7967, Rev. C. 1907; re-en. Sec. 10611, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1971; re-en. Sec. 10611, R.C.M. 1935; R.C.M. 1947, 93-1401-5; amd. Sec. 7, Ch. 115, L. 1979; amd. Sec. 218, Ch. 685, L. 1989; amd. Sec. 2140, Ch. 56, L. 2009.
MT Code § 70-20-102 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 20. Transfer of Real Property|Part 1. Method of Transfer|70-20-102. Exceptions to statute of frauds

  70-20-102. Exceptions to statute of frauds. Section 70-20-101 may not be construed to:   (1) affect the power of a testator in the disposition of the testator's real property by a last will and testament;   (2) prevent any trust from arising or being extinguished by implication or operation of law; or   (3) abridge the power of any court to compel the specific performance of an agreement, in case of partial performance of the agreement.   History: En. Sec. 7, p. 393, Cod. Stat. 1871; re-en. Sec. 161, 5th Div. Rev. Stat. 1879; re-en. Sec. 218, 5th Div. Comp. Stat. 1887; re-en. Sec. 3275, C. Civ. Proc. 1895; re-en. Sec. 7968, Rev. C. 1907; re-en. Sec. 10612, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1972; re-en. Sec. 10612, R.C.M. 1935; R.C.M. 1947, 93-1401-6; amd. Sec. 2141, Ch. 56, L. 2009.
MT Code § 70-20-103 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 20. Transfer of Real Property|Part 1. Method of Transfer|70-20-103. Form of grant

  70-20-103. Form of grant. A grant of an estate in real property may be made in substance as follows:   "I, A.B., in consideration of .... dollars paid, grant to C.D. all the real property situated in (insert name of county) County, state of Montana, described as follows: (Here insert description, or if the land sought to be conveyed has a descriptive name, it may be described by the name as, for instance, "the Norris ranch".)   Witness my hand this (insert day) day of (insert month), 20...            ...........               A.B."   History: En. Sec. 1501, Civ. C. 1895; re-en. Sec. 4613, Rev. C. 1907; re-en. Sec. 6860, R.C.M. 1921; Cal. Civ. C. Sec. 1092; re-en. Sec. 6860, R.C.M. 1935; R.C.M. 1947, 67-1602; amd. Sec. 88, Ch. 51, L. 1999.
MT Code § 70-20-104 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 20. Transfer of Real Property|Part 1. Method of Transfer|70-20-104. Words of inheritance unnecessary

  70-20-104. Words of inheritance unnecessary. Words of inheritance or succession are not requisite to transfer a fee in real property.   History: En. Sec. 1476, Civ. C. 1895; re-en. Sec. 4608, Rev. C. 1907; re-en. Sec. 6855, R.C.M. 1921; Cal. Civ. C. Sec. 1072; Field Civ. C. Sec. 478; re-en. Sec. 6855, R.C.M. 1935; R.C.M. 1947, 67-1521.
MT Code § 70-20-105 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 20. Transfer of Real Property|Part 1. Method of Transfer|70-20-105. Joint tenancy -- how created

  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.   History: En. Sec. 1, Ch. 208, L. 1963; amd. Sec. 1, Ch. 9, L. 1971; R.C.M. 1947, 67-1602.1; amd. Sec. 2142, Ch. 56, L. 2009.
MT Code § 70-20-106 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 20. Transfer of Real Property|Part 1. Method of Transfer|70-20-106. Repealed

  70-20-106. Repealed. Sec. 22, Ch. 192, L. 1993.   History: En. Sec. 1502, Civ. C. 1895; re-en. Sec. 4614, Rev. C. 1907; re-en. Sec. 6861, R.C.M. 1921; Cal. Civ. C. Sec. 1093; Based on Field Civ. C. Sec. 486; re-en. Sec. 6861, R.C.M. 1935; amd. Sec. 33, Ch. 535, L. 1975; R.C.M. 1947, 67-1603.
MT Code § 70-20-107 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 20. Transfer of Real Property|Part 1. Method of Transfer|70-20-107. Repealed

  70-20-107. Repealed. Sec. 22, Ch. 192, L. 1993.   History: En. Sec. 1503, Civ. C. 1895; re-en. Sec. 4615, Rev. C. 1907; re-en. Sec. 6862, R.C.M. 1921; Cal. Civ. C. Sec. 1094; re-en. Sec. 6862, R.C.M. 1935; R.C.M. 1947, 67-1604; amd. Sec. 8, Ch. 115, L. 1979.
MT Code § 70-20-108 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 20. Transfer of Real Property|Part 1. Method of Transfer|70-20-108. Attorney-in-fact -- how to execute for principal

  70-20-108. Attorney-in-fact -- how to execute for principal. When an attorney-in-fact executes an instrument transferring an estate in real property, the attorney-in-fact shall subscribe the name of the principal to it and the attorney-in-fact's own name as attorney-in-fact.   History: En. Sec. 1504, Civ. C. 1895; re-en. Sec. 4616, Rev. C. 1907; re-en. Sec. 6863, R.C.M. 1921; Cal. Civ. C. Sec. 1095; re-en. Sec. 6863, R.C.M. 1935; R.C.M. 1947, 67-1605; amd. Sec. 2143, Ch. 56, L. 2009.
MT Code § 70-20-109 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 20. Transfer of Real Property|Part 1. Method of Transfer|70-20-109. Change of owner's name after acquisition -- later conveyance to include former name

  70-20-109. Change of owner's name after acquisition -- later conveyance to include former name. A person in whom the title of real estate is vested, who afterwards from any cause has the person's name changed, shall, in any conveyances of the real estate, set forth the name in which the person derived title to the real estate, and a failure to comply with the provisions of this section subjects the person to a penalty of $50, to be collected by the county attorney of the county in which the real estate is situated and paid by the person into the treasury of the county for the benefit of the common schools of the county.   History: En. Sec. 1505, Civ. C. 1895; re-en. Sec. 4617, Rev. C. 1907; re-en. Sec. 6864, R.C.M. 1921; Cal. Civ. C. Sec. 1096; re-en. Sec. 6864, R.C.M. 1935; R.C.M. 1947, 67-1606; amd. Sec. 2144, Ch. 56, L. 2009.
MT Code § 70-20-110 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 20. Transfer of Real Property|Part 1. Method of Transfer|70-20-110. Redelivery or cancellation of grant -- no retransfer

  70-20-110. Redelivery or cancellation of grant -- no retransfer. Redelivering a grant of real property to the grantor or canceling it does not operate to retransfer the title.   History: En. Sec. 1456, Civ. C. 1895; re-en. Sec. 4600, Rev. C. 1907; re-en. Sec. 6847, R.C.M. 1921; Cal. Civ. C. Sec. 1058; Field Civ. C. Sec. 469; re-en. Sec. 6847, R.C.M. 1935; R.C.M. 1947, 67-1513.
MT Code § 70-20-111 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 20. Transfer of Real Property|Part 1. Method of Transfer|70-20-111. and 70-20-112 reserved

  70-20-111 and 70-20-112 reserved.
MT Code § 70-20-113 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 20. Transfer of Real Property|Part 1. Method of Transfer|70-20-113. Notice of presence of smoke and carbon monoxide detectors upon sale of dwelling -- definitions

  70-20-113. Notice of presence of smoke and carbon monoxide detectors upon sale of dwelling -- definitions. (1) Upon the sale or transfer of ownership of a dwelling not otherwise required to have a carbon monoxide detector and a smoke detector, the seller shall provide a written notice to the buyer in a buy-sell agreement or at the time of the sale to the buyer that the dwelling is equipped or is not equipped with a carbon monoxide detector and smoke detectors or other fire detection devices.   (2) Neither the seller nor the seller's agent nor the buyer's agent is liable in a civil action for failure to comply with or for negligence in complying with the requirements of subsection (1). Evidence of failure to comply with or of negligence in complying with subsection (1) is not admissible in a civil action.   (3) In this section, the following definitions apply:   (a) "Carbon monoxide detector" means a device that detects the presence of carbon monoxide and emits an alarm at elevated levels of carbon monoxide.   (b) "Dwelling" means a building or portion of a building, including a mobile home or housetrailer, that contains not more than two dwelling units.   (c) "Dwelling unit" means a building or portion of a building that contains living facilities with provision for sleeping, eating, cooking, and sanitation for not more than one family.   (d) "Smoke detector" means a device that detects visible or invisible particles or combustion.   History: En. Sec. 1, Ch. 30, L. 1991; amd. Sec. 1, Ch. 43, L. 2009; amd. Sec. 2145, Ch. 56, L. 2009.
MT Code § 70-20-114 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 20. Transfer of Real Property|Part 1. Method of Transfer|70-20-114. reserved

  70-20-114 reserved.
MT Code § 70-20-115 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 20. Transfer of Real Property|Part 1. Method of Transfer|70-20-115. Notice to purchaser of property under contract for deed

  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.   History: En. Sec. 1, Ch. 526, L. 1983.