reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 4. Wind Energy Easements › 70-17-405. Wind option agreements -- contents and requirements -- notarization

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.
History: En. Sec. 5, Ch. 249, L. 2011.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 4. Wind Energy Easements › 70-17-406. Wind energy agreement -- contents and requirements -- notarization

70-17-406. Wind energy agreement -- contents and requirements -- notarization.
(1) A wind energy agreement executed after April 21, 2011, must contain but is not limited to:
(a) the names and addresses of the parties to the wind energy agreement;
(b) a legal description of the real property subject to the wind easement and contained in the wind energy agreement;
(c) the obligations of the owner of the real property to ensure the undisturbed flow of wind on and over the real property, including restrictions placed upon vegetation, structures, and other objects that would impair or obstruct the wind flow on and over the real property. Structures do not include equipment necessary to access minerals as they relate to the rights belonging to or the dominance of the mineral estate pursuant to 70-17-408.
(d) a specified term including the date on which the wind energy agreement or wind easement terminates;
(e) provisions to compensate the owner of the real property for the wind easement;
(f) provisions ensuring that the owner of the real property is not liable for any property tax associated with the wind energy project or other equipment related to the development of the wind energy project during the term of the wind energy agreement;
(g) provisions addressing property owner and wind energy developer liability during the construction and operation of the wind energy project and equipment;
(h) provisions obligating the wind energy developer to comply with federal, state, and local laws and regulations; and
(i) conditions upon which the wind energy agreement may be terminated prior to its termination date.
(2) A wind energy agreement must be notarized.
(3) If the terms of the wind energy agreement do not contain the requirements listed in subsection (1), a court may void the wind energy agreement or order any relief allowed by law.
History: En. Sec. 6, Ch. 249, L. 2011.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 4. Wind Energy Easements › 70-17-407. Wind energy agreements -- grandfather clause

70-17-407. Wind energy agreements -- grandfather clause.
This part may not be construed to alter, amend, diminish, or invalidate wind energy rights acquired by contract, agreement, or lease prior to April 21, 2011.
History: En. Sec. 7, Ch. 249, L. 2011.
2023 Montana Code Annotated › Title 70. Property › Chapter 17. Servitudes, Easements, and Covenants Running With the Land › Part 4. Wind Energy Easements › 70-17-408. Preservation of property rights

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.
History: En. Sec. 8, Ch. 249, L. 2011.
2023 Montana Code Annotated › Title 70. Property › Chapter 18. Real Property -- Accession Fixtures and Watercourses › Part 1. Fixtures › 70-18-101. Fixture attached by other -- accession by owner

70-18-101. Fixture attached by other -- accession by owner.
When a person affixes the person's property to the land of another without an agreement permitting the person to remove it, the thing affixed, except as provided in 70-18-102 and in the Uniform Commercial Code, belongs to the owner of the land unless the owner of the land chooses to require the person to remove it.
History: En. Sec. 1400, Civ. C. 1895; re-en. Sec. 4572, Rev. C. 1907; re-en. Sec. 6819, R.C.M. 1921; Cal. Civ. C. Sec. 1013; Based on Field Civ. C. Sec. 442; re-en. Sec. 6819, R.C.M. 1935; amd. Sec. 11-146, Ch. 264, L. 1963; R.C.M. 1947, 67-1301; amd. Sec. 2128, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 18. Real Property -- Accession Fixtures and Watercourses › Part 1. Fixtures › 70-18-102. Removal of fixture by tenant

70-18-102. Removal of fixture by tenant.
A tenant may remove from the demised premises, any time during the continuance of the tenant's term, anything affixed to the premises for purposes of trade, manufacture, ornament, or domestic use if the removal can be effected without injury to the premises unless the thing has, by the manner in which it is affixed, become an integral part of the premises.
History: En. Sec. 1406, Civ. C. 1895; re-en. Sec. 4578, Rev. C. 1907; re-en. Sec. 6825, R.C.M. 1921; Cal. Civ. C. Sec. 1019; re-en. Sec. 6825, R.C.M. 1935; R.C.M. 1947, 67-1307; amd. Sec. 2129, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 18. Real Property -- Accession Fixtures and Watercourses › Part 2. Watercourses › 70-18-201. Alluvion or accretion -- increase of bank

70-18-201. Alluvion or accretion -- increase of bank.
Where from natural causes land forms by imperceptible degrees upon the bank of a river or stream, navigable or not navigable, either by accumulation of material or by the recession of the stream, such land belongs to the owner of the bank, subject to any existing right-of-way over the bank.
History: En. Sec. 1401, Civ. C. 1895; re-en. Sec. 4573, Rev. C. 1907; re-en. Sec. 6820, R.C.M. 1921; Cal. Civ. C. Sec. 1014; Field Civ. C. Sec. 443; re-en. Sec. 6820, R.C.M. 1935; R.C.M. 1947, 67-1302.
2023 Montana Code Annotated › Title 70. Property › Chapter 18. Real Property -- Accession Fixtures and Watercourses › Part 2. Watercourses › 70-18-202. Repealed

70-18-202. Repealed.
Sec. 3, Ch. 210, L. 2013.
History: En. Sec. 1402, Civ. C. 1895; re-en. Sec. 4574, Rev. C. 1907; re-en. Sec. 6821, R.C.M. 1921; Cal. Civ. C. Sec. 1015; Field Civ. C. Sec. 444; re-en. Sec. 6821, R.C.M. 1935; R.C.M. 1947, 67-1303.
2023 Montana Code Annotated › Title 70. Property › Chapter 18. Real Property -- Accession Fixtures and Watercourses › Part 2. Watercourses › 70-18-203. Island formed in navigable stream

70-18-203. Island formed in navigable stream.
Islands and accumulations of land formed in the beds of streams which are navigable belong to the state if there is no title or prescription to the contrary.
History: En. Sec. 1403, Civ. C. 1895; re-en. Sec. 4575, Rev. C. 1907; re-en. Sec. 6822, R.C.M. 1921; Cal. Civ. C. Sec. 1016; Field Civ. C. Sec. 445; re-en. Sec. 6822, R.C.M. 1935; R.C.M. 1947, 67-1304.
2023 Montana Code Annotated › Title 70. Property › Chapter 18. Real Property -- Accession Fixtures and Watercourses › Part 2. Watercourses › 70-18-204. Island formed in nonnavigable stream

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.
History: En. Sec. 1404, Civ. C. 1895; re-en. Sec. 4576, Rev. C. 1907; re-en. Sec. 6823, R.C.M. 1921; Cal. Civ. C. Sec. 1017; Field Civ. C. Sec. 446; re-en. Sec. 6823, R.C.M. 1935; R.C.M. 1947, 67-1305.
2023 Montana Code Annotated › Title 70. Property › Chapter 18. Real Property -- Accession Fixtures and Watercourses › Part 2. Watercourses › 70-18-205. Island formed by division of stream

70-18-205. Island formed by division of stream.
If a stream navigable or not navigable, in forming itself a new arm, divides itself and surrounds land belonging to the owner of the shore and thereby forms an island, the island belongs to such owner.
History: En. Sec. 1405, Civ. C. 1895; re-en. Sec. 4577, Rev. C. 1907; re-en. Sec. 6824, R.C.M. 1921; Cal. Civ. C. Sec. 1018; Field Civ. C. Sec. 447; re-en. Sec. 6824, R.C.M. 1935; R.C.M. 1947, 67-1306.
2023 Montana Code Annotated › Title 70. Property › Chapter 19. Real Property Actions Generally Limitations and Adverse Possession › Part 1. General Provisions › 70-19-101. Action defined

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.
History: En. Sec. 559, C. Civ. Proc. 1895; re-en. Sec. 6476, Rev. C. 1907; re-en. Sec. 9066, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 363; re-en. Sec. 9066, R.C.M. 1935; R.C.M. 1947, 93-2720.
2023 Montana Code Annotated › Title 70. Property › Chapter 19. Real Property Actions Generally Limitations and Adverse Possession › Part 1. General Provisions › 70-19-102. Action affecting title or possession -- filing as constructive notice

70-19-102. Action affecting title or possession -- filing as constructive notice.
(1) In an action affecting the title or right of possession of real property or in an action between husband and wife, the plaintiff, at the time of filing the complaint, and the defendant, at the time of filing the answer, when affirmative relief is claimed in the answer, or at any time afterward may file in the office of the clerk and recorder of the county in which the property is situated a notice of the pendency of the action containing the names of the parties and the object of the action or defense and a description of the property in that county affected by the action or defense.
(2) From the time of filing of the notice only is a purchaser or encumbrancer of the property affected considered to have constructive notice of the pendency of the action and only of its pendency against parties designated by their real names.
History: En. Sec. 27, p. 48, Bannack Stat.; re-en. Sec. 27, p. 139, L. 1867; re-en. Sec. 33, p. 33, Cod. Stat. 1871; amd. Sec. 70, p. 55, L. 1877; re-en. Sec. 70, 1st Div. Rev. Stat. 1879; re-en. Sec. 70, 1st Div. Comp. Stat. 1887; amd. Sec. 634, C. Civ. Proc. 1895; re-en. Sec. 6517, Rev. C. 1907; re-en. Sec. 9109, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 409; re-en. Sec. 9109, R.C.M. 1935; R.C.M. 1947, 93-3005; amd. Sec. 2130, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 19. Real Property Actions Generally Limitations and Adverse Possession › Part 1. General Provisions › 70-19-103. Action for recovery of possession not prejudiced by alienation

70-19-103. Action for recovery of possession not prejudiced by alienation.
An action for the recovery of real property against a person in possession cannot be prejudiced by any alienation made by such person, either before or after the commencement of the action.
History: En. Sec. 241, p. 93, Bannack Stat.; re-en. Sec. 263, p. 188, L. 1867; re-en. Sec. 312, p. 95, L. 1871; re-en. Sec. 362, p. 139, L. 1877; re-en. Sec. 362, 1st Div. Rev. Stat. 1879; re-en. Sec. 374, 1st Div. Comp. Stat. 1887; re-en. Sec. 1320, C. Civ. Proc. 1895; re-en. Sec. 6880, Rev. C. 1907; re-en. Sec. 9498, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 747; re-en. Sec. 9498, R.C.M. 1935; R.C.M. 1947, 93-6222.
2023 Montana Code Annotated › Title 70. Property › Chapter 19. Real Property Actions Generally Limitations and Adverse Possession › Part 2. Actions Relating to Mining Claims › 70-19-201. Actions concerning mining claims governed by local rules

70-19-201. Actions concerning mining claims governed by local rules.
In actions respecting mining claims, proof must be admitted of the customs, usages, or regulations established and in force at the bar or diggings embracing such claim; and such customs, usages, or regulations, when not in conflict with the laws of this state or the United States, must govern the decision of the action.
History: En. Sec. 363, p. 139, L. 1877; re-en. Sec. 363, 1st Div. Rev. Stat. 1879; re-en. Sec. 375, 1st Div. Comp. Stat. 1887; amd. Sec. 1321, C. Civ. Proc. 1895; re-en. Sec. 6881, Rev. C. 1907; re-en. Sec. 9499, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 748; re-en. Sec. 9499, R.C.M. 1935; R.C.M. 1947, 93-6223.
2023 Montana Code Annotated › Title 70. Property › Chapter 19. Real Property Actions Generally Limitations and Adverse Possession › Part 2. Actions Relating to Mining Claims › 70-19-202. Abuse of property held jointly or in common -- action -- mining property

70-19-202. Abuse of property held jointly or in common -- action -- mining property.
If a person assumes and exercises exclusive ownership over or takes away, destroys, lessens in value, or otherwise injures or abuses any property held in joint tenancy or tenancy in common, the party aggrieved has action for the injury in the same manner as the aggrieved party would have if the joint tenancy or tenancy in common did not exist. However, this section does not prevent one cotenant or joint tenant or any number of cotenants or joint tenants acting together from entering on the common property at any point or points not then in the actual occupancy of the nonjoining cotenants or joint tenants and enjoying all rights of occupancy of the property, without waste and, in the case of mining property, from mining the property in a minerlike manner and extracting, milling, and disposing of the ore from the common property, paying its or their own expenses and subject to accounting to the nonjoining cotenant or joint tenant for the net profits of the mining operations. All liens for labor and materials incurred in the mining attach only to the undivided interest or interests of the working cotenants or joint tenants, but nothing in this section prevents or precludes the cotenant or joint tenant, not joining in the operation of the mining property, from receiving the cotenant's or joint tenant's proportionate share of all ore or ores on the dump upon payment or tendering payment of the actual cost of mining the property.
History: En. Sec. 2, p. 454, Bannack Stat.; re-en. Sec. 2, p. 504, Cod. Stat. 1871; re-en. Sec. 771, 5th Div. Rev. Stat. 1879; re-en. Sec. 1285, 5th Div. Comp. Stat. 1887; amd. Sec. 592, C. Civ. Proc. 1895; en. Sec. 1, p. 134, L. 1899; re-en. Sec. 6499, Rev. C. 1907; re-en. Sec. 9091, R.C.M. 1921; re-en. Sec. 9091, R.C.M. 1935; R.C.M. 1947, 93-2829; amd. Sec. 2131, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 19. Real Property Actions Generally Limitations and Adverse Possession › Part 2. Actions Relating to Mining Claims › 70-19-203. Adverse claims under acts of congress

70-19-203. Adverse claims under acts of congress.
In an action brought to determine the respective rights of claimants to the possession of a mining claim or quartz lode under the provisions of the acts of congress of the United States, it is immaterial which party is in possession, and it is sufficient to confer jurisdiction upon the court if it appears from the pleadings that the application for a patent has been made and an adverse claim thereto filed and allowed in the proper land office, and the verdict or decision must find which party is entitled to the possession of the premises in dispute.
History: En. Sec. 1322, C. Civ. Proc. 1895; re-en. Sec. 6882, Rev. C. 1907; re-en. Sec. 9500, R.C.M. 1921; re-en. Sec. 9500, R.C.M. 1935; R.C.M. 1947, 93-6224.
2023 Montana Code Annotated › Title 70. Property › Chapter 19. Real Property Actions Generally Limitations and Adverse Possession › Part 2. Actions Relating to Mining Claims › 70-19-204. Order for inspection or survey

70-19-204. Order for inspection or survey.
(1) Whenever a person has any right to or interest in any lead, lode, or mining claim that is in the possession of another person and it is necessary for the ascertainment, enforcement, or protection of that right or interest that an inspection, examination, or survey of the lead, mine, lode, or mining claim should be made or whenever any inspection, examination, or survey of the lead, mine, lode, or mining claim is necessary to protect, ascertain, or enforce the right or interest of any person in another lead, mine, lode, or mining claim and the person in possession of the other lead, mine, lode, or mining claim refuses for a period of 3 days after demand in writing to allow the inspection, examination, or survey to be had or made, the demanding party may present to the district court of the county in which the lead, mine, lode, or mining claim is located a petition under oath setting out the party's interest in the premises, describing the premises, setting out that the premises are in the possession of a party, naming the party, setting out the reason why the examination, inspection, or survey is necessary, and setting out the demand made on the person in possession to permit the examination, inspection, or survey and the person's refusal.
(2) The court or judge shall appoint a time and place for hearing a petition and shall order notice to be served upon the adverse party. The notice must be served at least 1 day before the day of hearing. At the hearing, either party may read affidavits or produce oral testimony, and if the judge is satisfied that the facts stated in the petition are true, the judge shall make an order for an inspection, examination, or survey of the lead, mine, lode, or mining claim in question in a manner, at a time, and by persons that are mentioned in the order. Upon the order the person shall have free access to the lead, mine, lode, or mining claim for the purpose of making the inspection, examination, or survey, and any interference with the person while acting under the order is contempt of court.
(3) If the order of the court is made while an action is pending between the parties to the order, the costs of obtaining the order must await the result of the action, but all costs of making the examination or survey must be paid by the petitioner.
History: En. Sec. 8, p. 10, L. 1881; re-en. Sec. 376, 1st Div. Comp. Stat. 1887; re-en. Sec. 1317, C. Civ. Proc. 1895; re-en. Sec. 6876, Rev. C. 1907; re-en. Sec. 9494, R.C.M. 1921; re-en. Sec. 9494, R.C.M. 1935; R.C.M. 1947, 93-6218; amd. Sec. 2132, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 19. Real Property Actions Generally Limitations and Adverse Possession › Part 3. Provisions and Limitations Relating to the State of Montana › 70-19-301. Application to lands conveyed by state

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.
History: En. Sec. 1, Ch. 195, L. 1955; R.C.M. 1947, 93-2516; amd. Sec. 2133, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 19. Real Property Actions Generally Limitations and Adverse Possession › Part 3. Provisions and Limitations Relating to the State of Montana › 70-19-302. Statute of limitations for state actions concerning real property

70-19-302. Statute of limitations for state actions concerning real property.
The state will not sue any person for or in respect to any real property or the issues or profits thereof by reason of the right or title of the state to the same unless:
(1) such right or title shall have accrued within 10 years before any action or other proceeding for the same is commenced; or
(2) the state or those from whom it claims shall have received the rents and profits of such real property or of some part thereof within the space of 10 years.
History: En. Sec. 480, C. Civ. Proc. 1895; re-en. Sec. 6429, Rev. C. 1907; re-en. Sec. 9012, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 315; re-en. Sec. 9012, R.C.M. 1935; R.C.M. 1947, 93-2501.
2023 Montana Code Annotated › Title 70. Property › Chapter 19. Real Property Actions Generally Limitations and Adverse Possession › Part 3. Provisions and Limitations Relating to the State of Montana › 70-19-303. Statute of limitations for actions by grantee -- joinder of state

70-19-303. Statute of limitations for actions by grantee -- joinder of state.
(1) An action may not be brought for or in respect to real property by any person claiming under letters patent or grants from this state unless the plaintiff or the plaintiff's ancestor, predecessor, or grantor was seized or possessed of the property in question within 10 years before the commencement of the action.
(2) In an action described in subsection (1), the state of Montana may be made a party defendant and has only the defenses that are available to other parties defendant to the action, provided that a judgment in any action may not include damages, attorney fees, or court costs against the state of Montana.
History: En. Sec. 481, C. Civ. Proc. 1895; re-en. Sec. 6430, Rev. C. 1907; re-en. Sec. 9013, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 316; re-en. Sec. 9013, R.C.M. 1935; amd. Sec. 1, Ch. 196, L. 1955; R.C.M. 1947, 93-2502; amd. Sec. 2134, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 19. Real Property Actions Generally Limitations and Adverse Possession › Part 3. Provisions and Limitations Relating to the State of Montana › 70-19-304. Statute of limitations for action for recovery of property under void conveyance from state

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.
History: En. Sec. 482, C. Civ. Proc. 1895; re-en. Sec. 6431, Rev. C. 1907; re-en. Sec. 9014, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 317; re-en. Sec. 9014, R.C.M. 1935; R.C.M. 1947, 93-2503; amd. Sec. 2135, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 19. Real Property Actions Generally Limitations and Adverse Possession › Part 3. Provisions and Limitations Relating to the State of Montana › 70-19-305. Certificate of purchase from state or United States prima facie evidence of ownership

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.
History: En. Sec. 3213, C. Civ. Proc. 1895; re-en. Sec. 7931, Rev. C. 1907; re-en. Sec. 10575, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1925; re-en. Sec. 10575, R.C.M. 1935; R.C.M. 1947, 93-1001-37; amd. Sec. 2136, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 19. Real Property Actions Generally Limitations and Adverse Possession › Part 4. Limitations and Adverse Possession › 70-19-401. Action for recovery -- possession within 5 years required

70-19-401. Action for recovery -- possession within 5 years required.
An action for the recovery of real property or for the possession of real property may not be maintained unless it appears that the plaintiff or the plaintiff's ancestor, predecessor, or grantor was seized or possessed of the property in question within 5 years before the commencement of the action.
History: En. Sec. 29, p. 45, L. 1877; re-en. Sec. 29, 1st Div. Rev. Stat. 1879; re-en. Sec. 29, 1st Div. Comp. Stat. 1887; amd Sec. 483, C. Civ. Proc. 1895; re-en. Sec. 6432, Rev. C. 1907; re-en. Sec. 9015, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 318; re-en. Sec. 9015, R.C.M. 1935; amd. Sec. 1, Ch. 224, L. 1953; amd. Sec. 12, Ch. 263, L. 1975; R.C.M. 1947, 93-2504; amd. Sec. 2137, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 19. Real Property Actions Generally Limitations and Adverse Possession › Part 4. Limitations and Adverse Possession › 70-19-402. Action or defense arising out of title to property or profits -- possession within 5 years required

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.
History: En. Sec. 30, p. 45, L. 1877; re-en. Sec. 30, 1st Div. Rev. Stat. 1879; re-en. Sec. 30, 1st Div. Comp. Stat. 1887; amd. Sec. 484, C. Civ. Proc. 1895; re-en. Sec. 6433, Rev. C. 1907; re-en. Sec. 9016, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 319; re-en. Sec. 9016, R.C.M. 1935; amd. Sec. 2, Ch. 224, L. 1953; R.C.M. 1947, 93-2505.
2023 Montana Code Annotated › Title 70. Property › Chapter 19. Real Property Actions Generally Limitations and Adverse Possession › Part 4. Limitations and Adverse Possession › 70-19-403. When action on claim by entry must be commenced

70-19-403. When action on claim by entry must be commenced.
No entry upon real estate is deemed sufficient or valid as a claim unless an action be commenced thereupon within 1 year after making such entry and within 5 years from the time when the right to make it descended or accrued.
History: En. Sec. 3, p. 466, Bannack Stat.; re-en. Sec. 3, p. 515, Cod. Stat. 1871; amd. Sec. 31, p. 46, L. 1877; re-en. Sec. 31, 1st Div. Rev. Stat. 1879; re-en. Sec. 31, 1st Div. Comp. Stat. 1887; amd. Sec. 485, C. Civ. Proc. 1895; re-en. Sec. 6434, Rev. C. 1907; re-en. Sec. 9017, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 320; re-en. Sec. 9017, R.C.M. 1935; amd. Sec. 3, Ch. 224, L. 1953; R.C.M. 1947, 93-2506.
2023 Montana Code Annotated › Title 70. Property › Chapter 19. Real Property Actions Generally Limitations and Adverse Possession › Part 4. Limitations and Adverse Possession › 70-19-404. Presumption of possession within prescribed period -- adverse possession as exception

70-19-404. Presumption of possession within prescribed period -- adverse possession as exception.
In every action for the recovery of real property or the possession thereof, the person establishing a legal title to the property is presumed to have been possessed thereof within the time required by law, and the occupation of the property by any other person is deemed to have been under and in subordination to the legal title unless it appear that the property has been held and possessed adversely to such legal title for 5 years before the commencement of the action.
History: En. Sec. 4, p. 466, Bannack Stat.; re-en. Sec. 4, p. 515, Cod. Stat. 1871; amd. Sec. 32, p. 46, L. 1877; re-en. Sec. 32, 1st Div. Rev. Stat. 1879; re-en. Sec. 32, 1st Div. Comp. Stat. 1887; amd. Sec. 486, C. Civ. Proc. 1895; re-en. Sec. 6435, Rev. C. 1907; re-en. Sec. 9018, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 321; re-en. Sec. 9018, R.C.M. 1935; amd. Sec. 4, Ch. 224, L. 1953; R.C.M. 1947, 93-2507.
2023 Montana Code Annotated › Title 70. Property › Chapter 19. Real Property Actions Generally Limitations and Adverse Possession › Part 4. Limitations and Adverse Possession › 70-19-405. Title by prescription

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.
History: En. Sec. 1391, Civ. C. 1895; re-en. Sec. 4571, Rev. C. 1907; re-en. Sec. 6818, R.C.M. 1921; Cal. Civ. C. Sec. 1007; Field Civ. C. Sec. 441; re-en. Sec. 6818, R.C.M. 1935; R.C.M. 1947, 67-1203; amd. Sec. 6, Ch. 556, L. 1985.
2023 Montana Code Annotated › Title 70. Property › Chapter 19. Real Property Actions Generally Limitations and Adverse Possession › Part 4. Limitations and Adverse Possession › 70-19-406. Simple occupancy

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.
History: En. Sec. 1390, Civ. C. 1895; re-en. Sec. 4570, Rev. C. 1907; re-en. Sec. 6817, R.C.M. 1921; Cal. Civ. C. Sec. 1006; Field Civ. C. Sec. 440; re-en. Sec. 6817, R.C.M. 1935; R.C.M. 1947, 67-1202.
2023 Montana Code Annotated › Title 70. Property › Chapter 19. Real Property Actions Generally Limitations and Adverse Possession › Part 4. Limitations and Adverse Possession › 70-19-407. Occupancy under claim founded on instrument or judgment -- when considered adverse

70-19-407. Occupancy under claim founded on instrument or judgment -- when considered adverse.
When it appears that the occupant or those under whom the occupant claims entered into the possession of the property under claim of title, exclusive of other right, founding the claim upon a written instrument as being a conveyance of the property in question or upon the decree or judgment of a competent court and that there has been a continued occupation and possession of the property included in the instrument, decree, or judgment or of some part of the property under the claim for 5 years, the property included is considered to have been held adversely, except that when the property consists of a tract divided into lots, the possession of one lot is not considered a possession of any other lot of the same tract.
History: En. Sec. 33, p. 46, L. 1877; re-en. Sec. 33, 1st Div. Rev. Stat. 1879; re-en. Sec. 33, 1st Div. Comp. Stat. 1887; amd. Sec. 487, C. Civ. Proc. 1895; re-en. Sec. 6436, Rev. C. 1907; re-en. Sec. 9019, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 322; re-en. Sec. 9019, R.C.M. 1935; amd. Sec. 5, Ch. 224, L. 1953; R.C.M. 1947, 93-2508; amd. Sec. 2138, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 19. Real Property Actions Generally Limitations and Adverse Possession › Part 4. Limitations and Adverse Possession › 70-19-408. Claim founded on instrument or judgment -- what considered possession and occupation

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.
History: En. Sec. 5, p. 466, Bannack Stat.; re-en. Sec. 5, p. 516, Cod. Stat. 1871; amd. Sec. 34, p. 46, L. 1877; re-en. Sec. 34, 1st Div. Rev. Stat. 1879; re-en. Sec. 34, 1st Div. Comp. Stat. 1887; amd. Sec. 488, C. Civ. Proc. 1895; re-en. Sec. 6437, Rev. C. 1907; re-en. Sec. 9020, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 323; re-en. Sec. 9020, R.C.M. 1935; R.C.M. 1947, 93-2509.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.