reglab/statecodes huggingface dataset:
2023 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.
2023 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 Repealed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 Repealed.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.
2023 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 Repealed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 Repealed.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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 70. Property › Chapter 20. Transfer of Real Property › Part 2. Construction of Grant › 70-20-201. Rules for construing description

70-20-201. Rules for construing description.
The following are the rules for construing the descriptive part of a conveyance of real property when the construction is doubtful and there are no other sufficient circumstances to determine it:
(1) Where there are certain definite and ascertained particulars in the description, the addition of others which are indefinite, unknown, or false does not frustrate the conveyance, but it is to be construed by the first mentioned particulars.
(2) When permanent and visible or ascertained boundaries or monuments are inconsistent with the measurement, either of lines, angles, or surfaces, the boundaries or monuments are paramount.
(3) Between different measurements which are inconsistent with each other, that of angles is paramount to that of surfaces and that of lines paramount to both.
(4) When a road or stream of water not navigable is the boundary, the rights of the grantor to the middle of the road or the thread of the stream are included in the conveyance, except where the road or thread of the stream is held under another title.
(5) When a navigable lake, where there is no tide, is the boundary, the rights of the grantor to low watermark are included in the conveyance.
(6) When the description refers to a map and that reference is inconsistent with other particulars, it controls them if it appears that the parties acted with reference to the map; otherwise, the map is subordinate to other definite and ascertained particulars.
History: En. Sec. 3413, C. Civ. Proc. 1895; re-en. Sec. 8039, Rev. C. 1907; re-en. Sec. 10683, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2077; re-en. Sec. 10683, R.C.M. 1935; R.C.M. 1947, 93-2201-4.
2023 Montana Code Annotated › Title 70. Property › Chapter 20. Transfer of Real Property › Part 2. Construction of Grant › 70-20-202. Extrinsic evidence not to be considered in construction of deed -- exceptions

70-20-202. Extrinsic evidence not to be considered in construction of deed -- exceptions.
(1) When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be between the parties and their representatives or successors in interest no evidence of the terms of the agreement other than the contents of the writing except in the following cases:
(a) where a mistake or imperfection of the writing is put in issue by the pleadings;
(b) where the validity of the agreement is the fact in dispute.
(2) But this section does not exclude other evidence of the circumstances under which the agreement was made or to which it relates, as defined in 1-4-102, or to explain an extrinsic ambiguity or to establish illegality or fraud.
(3) The term "agreement" includes deeds and wills as well as contracts between parties.
History: En. Sec. 610, p. 198, L. 1877; re-en. Sec. 610, 1st Div. Rev. Stat. 1879; re-en. Sec. 628, 1st Div. Comp. Stat. 1887; re-en. Sec. 3132, C. Civ. Proc. 1895; re-en. Sec. 7873, Rev. C. 1907; re-en. Sec. 10517, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1856; re-en. Sec. 10517, R.C.M. 1935; R.C.M. 1947, 93-401-13.
2023 Montana Code Annotated › Title 70. Property › Chapter 20. Transfer of Real Property › Part 3. Effect of Transfer › 70-20-301. Fee simple presumed to pass

70-20-301. Fee simple presumed to pass.
A fee simple title is presumed to be intended to pass by a grant of real property unless it appears from the grant that a lesser estate was intended.
History: En. Sec. 1511, Civ. C. 1895; re-en. Sec. 4619, Rev. C. 1907; re-en. Sec. 6866, R.C.M. 1921; Cal. Civ. C. Sec. 1105; re-en. Sec. 6866, R.C.M. 1935; R.C.M. 1947, 67-1608.
2023 Montana Code Annotated › Title 70. Property › Chapter 20. Transfer of Real Property › Part 3. Effect of Transfer › 70-20-302. After-acquired title to pass by operation of law

70-20-302. After-acquired title to pass by operation of law.
When a person purports by proper instrument to grant real property in fee simple and subsequently acquires any title or claim of title to the real property, the real property passes by operation of law to the grantee or the grantee's successors.
History: En. Sec. 32, p. 401, Cod. Stat. 1871; re-en. Sec. 209, 5th Div. Rev. Stat. 1879; re-en. Sec. 267, 5th Div. Comp. Stat. 1887; amd. Sec. 1512, Civ. C. 1895; re-en. Sec. 4620, Rev. C. 1907; re-en. Sec. 6867, R.C.M. 1921; Cal. Civ. C. Sec. 1106; re-en. Sec. 6867, R.C.M. 1935; R.C.M. 1947, 67-1609; amd. Sec. 2146, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 20. Transfer of Real Property › Part 3. Effect of Transfer › 70-20-303. Grant conclusive -- exception for good faith purchaser

70-20-303. Grant conclusive -- exception for good faith purchaser.
A grant of an estate in real property is conclusive against the grantor and against every one subsequently claiming under the grantor except a purchaser or encumbrancer who in good faith and for a valuable consideration acquires a title or lien by an instrument that is first duly recorded.
History: En. Sec. 1513, Civ. C. 1895; re-en. Sec. 4621, Rev. C. 1907; re-en. Sec. 6868, R.C.M. 1921; Cal. Civ. C. Sec. 1107; Field Civ. C. Sec. 490; re-en. Sec. 6868, R.C.M. 1935; R.C.M. 1947, 67-1610; amd. Sec. 2147, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 20. Transfer of Real Property › Part 3. Effect of Transfer › 70-20-304. Implied covenants -- free from encumbrance

70-20-304. Implied covenants -- free from encumbrance.
(1) The use of the word "grant" in any conveyance by which an estate of inheritance or fee simple or possessory title is to be passed implies only the following covenants and none other on the part of the grantor for the grantor and the grantor's heirs to the grantee and the grantee's heirs and assigns unless restrained by express terms contained in the conveyance:
(a) that prior to the time of the execution of the conveyance the grantor has not conveyed the same estate or any right, title, or interest in that estate to any person other than the grantee; and
(b) that the estate is at the time of the execution of the conveyance free from encumbrances done, made, or suffered by the grantor or any person claiming under the grantor.
(2) The enumerated covenants may be sued upon in the same manner as if they had been expressly inserted in the conveyance.
History: En. Sec. 50, p. 487, Bannack Stat.; re-en. Sec. 50, p. 404, Cod. Stat. 1871; re-en. Sec. 227, 5th Div. Rev. Stat. 1879; re-en. Sec. 285, 5th Div. Comp. Stat. 1887; amd. Sec. 1519, Civ. C. 1895; re-en. Sec. 4627, Rev. C. 1907; re-en. Sec. 6874, R.C.M. 1921; Cal. Civ. C. Sec. 1113; re-en. Sec. 6874, R.C.M. 1935; R.C.M. 1947, 67-1616; amd. Sec. 2148, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 20. Transfer of Real Property › Part 3. Effect of Transfer › 70-20-305. Encumbrance defined

70-20-305. Encumbrance defined.
The term "encumbrances" includes taxes, assessments, and all liens upon real property.
History: En. Sec. 1520, Civ. C. 1895; re-en. Sec. 4628, Rev. C. 1907; re-en. Sec. 6875, R.C.M. 1921; Cal. Civ. C. Sec. 1114; re-en. Sec. 6875, R.C.M. 1935; R.C.M. 1947, 67-1617.
2023 Montana Code Annotated › Title 70. Property › Chapter 20. Transfer of Real Property › Part 3. Effect of Transfer › 70-20-306. Responsibility of heirs of covenantor -- certain warranties abolished

70-20-306. Responsibility of heirs of covenantor -- certain warranties abolished.
Lineal and collateral warrants, with all their incidents, are abolished, but the heirs and devisees of every person who has made any covenant or agreement in reference to the title of, in, or to any real property are, except as provided in 70-1-522, answerable upon the covenant or agreement to the extent of the land descended or devised to them in the cases and in the manner prescribed by law.
History: En. Sec. 49, p. 487, Bannack Stat.; re-en. Sec. 49, p. 403, Cod. Stat. 1871; re-en. Sec. 226, 5th Div. Rev. Stat. 1879; re-en. Sec. 284, 5th Div. Comp. Stat. 1887; amd. Sec. 1521, Civ. C. 1895; re-en. Sec. 4629, Rev. C. 1907; re-en. Sec. 6876, R.C.M. 1921; Cal. Civ. C. Sec. 1115; re-en. Sec. 6876, R.C.M. 1935; R.C.M. 1947, 67-1618; amd. Sec. 6, Ch. 307, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 20. Transfer of Real Property › Part 3. Effect of Transfer › 70-20-307. Transfer of land bounded by highway -- what passes

70-20-307. Transfer of land bounded by highway -- what passes.
A transfer of land bounded by a highway passes the title of the person whose estate is transferred to the soil of the highway in front of the center thereof unless a different intent appears from the grant.
History: En. Sec. 1518, Civ. C. 1895; re-en. Sec. 4626, Rev. C. 1907; re-en. Sec. 6873, R.C.M. 1921; Cal. Civ. C. Sec. 1112; Based on Field Civ. C. Sec. 492; re-en. Sec. 6873, R.C.M. 1935; R.C.M. 1947, 67-1615.
2023 Montana Code Annotated › Title 70. Property › Chapter 20. Transfer of Real Property › Part 3. Effect of Transfer › 70-20-308. Easements to pass with property

70-20-308. Easements to pass with property.
A transfer of real property passes all easements attached thereto and creates in favor thereof an easement to use other real property of the person whose estate is transferred in the same manner and to the same extent as such property was obviously and permanently used by the person whose estate is transferred for the benefit thereof at the time when the transfer was agreed upon or completed.
History: En. Sec. 1510, Civ. C. 1895; re-en. Sec. 4618, Rev. C. 1907; re-en. Sec. 6865, R.C.M. 1921; Cal. Civ. C. Sec. 1104; Field Civ. C. Sec. 488; re-en. Sec. 6865, R.C.M. 1935; R.C.M. 1947, 67-1607.
2023 Montana Code Annotated › Title 70. Property › Chapter 20. Transfer of Real Property › Part 3. Effect of Transfer › 70-20-309. Transfer of owner ousted of possession -- effect

70-20-309. Transfer of owner ousted of possession -- effect.
Any person claiming title to real property in the adverse possession of another may transfer it with the same effect as if in actual possession.
History: En. Sec. 1443, Civ. C. 1895; re-en. Sec. 4593, Rev. C. 1907; re-en. Sec. 6840, R.C.M. 1921; Cal. Civ. C. Sec. 1047; re-en. Sec. 6840, R.C.M. 1935; R.C.M. 1947, 67-1506.
2023 Montana Code Annotated › Title 70. Property › Chapter 20. Transfer of Real Property › Part 3. Effect of Transfer › 70-20-310. Conveyance in joint tenancy -- right of survivorship

70-20-310. Conveyance in joint tenancy -- right of survivorship.
In all conveyances of real property made in joint tenancy where the right of survivorship is contained in the grant of such conveyance, the right of survivorship exists by virtue of such grant.
History: En. Sec. 1, Ch. 118, L. 1943; R.C.M. 1947, 67-310; amd. Sec. 9, Ch. 115, L. 1979.
2023 Montana Code Annotated › Title 70. Property › Chapter 20. Transfer of Real Property › Part 3. Effect of Transfer › 70-20-311. Grant on condition subsequent

70-20-311. Grant on condition subsequent.
When a grant is made upon condition subsequent and is subsequently defeated by the nonperformance of the condition, the person otherwise entitled to hold under the grant shall reconvey the property to the grantor or the grantor's successors by grant duly acknowledged for the record.
History: En. Sec. 1515, Civ. C. 1895; re-en. Sec. 4623, Rev. C. 1907; re-en. Sec. 6870, R.C.M. 1921; Cal. Civ. C. Sec. 1109; re-en. Sec. 6870, R.C.M. 1935; R.C.M. 1947, 67-1612; amd. Sec. 2149, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 20. Transfer of Real Property › Part 3. Effect of Transfer › 70-20-312. Grant on condition precedent

70-20-312. Grant on condition precedent.
An instrument purporting to be a grant of real property to take effect upon condition precedent passes the estate upon the performance of the condition.
History: En. Sec. 1516, Civ. C. 1895; re-en. Sec. 4624, Rev. C. 1907; re-en. Sec. 6871, R.C.M. 1921; Cal. Civ. C. Sec. 1110; re-en. Sec. 6871, R.C.M. 1935; R.C.M. 1947, 67-1613.
2023 Montana Code Annotated › Title 70. Property › Chapter 20. Transfer of Real Property › Part 3. Effect of Transfer › 70-20-313. Grant by owner for life or years

70-20-313. Grant by owner for life or years.
A grant made by an owner of an estate for life or years, purporting to transfer a greater estate than the owner could lawfully transfer, does not work a forfeiture of the owner's estate but passes to the grantee all the estate that the grantor could lawfully transfer.
History: En. Sec. 1514, Civ. C. 1895; re-en. Sec. 4622, Rev. C. 1907; re-en. Sec. 6869, R.C.M. 1921; Cal. Civ. C. Sec. 1108; Field Civ. C. Sec. 491; re-en. Sec. 6869, R.C.M. 1935; R.C.M. 1947, 67-1611; amd. Sec. 2150, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 20. Transfer of Real Property › Part 3. Effect of Transfer › 70-20-314. Grant of property occupied by tenant

70-20-314. Grant of property occupied by tenant.
When real property is occupied by a tenant, a grant of any estate in the property by the tenant's landlord is valid without an agreement to continue the tenancy by the tenant to the grantee. However, the payment of rent to the grantor by the tenant before notice of the grant is binding upon the grantee, and the tenant is not liable to the grantee for any breach of the condition of the lease until the tenant has had notice of the grant.
History: En. Sec. 1517, Civ. C. 1895; re-en. Sec. 4625, Rev. C. 1907; re-en. Sec. 6872, R.C.M. 1921; Cal. Civ. C. Sec. 1111; Field Civ. C. Sec. 493; re-en. Sec. 6872, R.C.M. 1935; R.C.M. 1947, 67-1614; amd. Sec. 2151, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 20. Transfer of Real Property › Part 3. Effect of Transfer › 70-20-315. Validation of unacknowledged deeds

70-20-315. Validation of unacknowledged deeds.
All deeds to real property executed prior to January 1, 1983, in this state or any state or territory of the United States, provided no action is pending on October 1, 1983, to set aside any such deed, which shall have been signed by the grantors in due form, shall be sufficient in law to convey the legal title to the premises therein described from the grantors to the grantees, without any other execution or acknowledgment or witnesses thereto whatever; and such deeds so executed shall be received in evidence in all courts in this state and be conclusive evidence of the title to the lands therein described against the grantors, their heirs, and assigns.
History: En. Sec. 1, Ch. 82, L. 1973; R.C.M. 1947, 39-139; amd. Sec. 1, Ch. 296, L. 1983.
2023 Montana Code Annotated › Title 70. Property › Chapter 20. Transfer of Real Property › Part 3. Effect of Transfer › 70-20-316. Deeds made prior to 1900 -- presumption grantor had no wife

70-20-316. Deeds made prior to 1900 -- presumption grantor had no wife.
When a deed to real property has been made, executed, and acknowledged prior to the year 1900 by a grantor without recital in the body of the deed or acknowledgment as to whether or not the grantor is married or single and the wife of the grantor, if any, not joining in the conveyance or otherwise releasing or conveying the wife's dower, the presumption is that the person conveying the land had no wife living at the date of conveyance and that the land was conveyed free of all right of dower, inchoate or vested.
History: En. Sec. 1, Ch. 183, L. 1945; R.C.M. 1947, 39-131; amd. Sec. 2152, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 20. Transfer of Real Property › Part 4. Fraudulent Conveyances › 70-20-401. Instrument made with intent to defraud -- void

70-20-401. Instrument made with intent to defraud -- void.
Every instrument, other than a will, affecting an estate in real property, including every charge upon real property or upon its rents or profits, made with intent to defraud prior or subsequent purchasers thereof or encumbrancers thereon is void as against every purchaser or encumbrancer for value of the same property or the rents or profits thereof.
History: En. Sec. 1, p. 492, Bannack Stat.; re-en. Sec. 1, p. 392, Cod. Stat. 1871; re-en. Sec. 155, 5th Div. Rev. Stat. 1879; re-en. Sec. 212, 5th Div. Comp. Stat. 1887; amd. Sec. 1650, Civ. C. 1895; re-en. Sec. 4688, Rev. C. 1907; re-en. Sec. 6939, R.C.M. 1921; Cal. Civ. C. Sec. 1227; Field Civ. C. Sec. 535; re-en. Sec. 6939, R.C.M. 1935; R.C.M. 1947, 29-201.
2023 Montana Code Annotated › Title 70. Property › Chapter 20. Transfer of Real Property › Part 4. Fraudulent Conveyances › 70-20-402. Instrument not void as to purchaser with notice -- exception

70-20-402. Instrument not void as to purchaser with notice -- exception.
An instrument is not to be avoided under 70-20-401 in favor of a subsequent purchaser or encumbrancer having notice at the time the purchase was made or the lien was acquired unless the person in whose favor the instrument was made was a privy to the fraud intended.
History: En. Sec. 2, p. 492, Bannack Stat.; re-en. Sec. 2, p. 392, Cod. Stat. 1871; re-en. Sec. 156, 5th Div. Rev. Stat. 1879; re-en. Sec. 213, 5th Div. Comp. Stat. 1887; amd. Sec. 1651, Civ. C. 1895; re-en. Sec. 4689, Rev. C. 1907; re-en. Sec. 6940, R.C.M. 1921; Cal. Civ. C. Sec. 1228; Field Civ. C. Sec. 536; re-en. Sec. 6940, R.C.M. 1935; R.C.M. 1947, 29-202; amd. Sec. 2153, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 20. Transfer of Real Property › Part 4. Fraudulent Conveyances › 70-20-403. Grant by person with power to revoke -- power executed

70-20-403. Grant by person with power to revoke -- power executed.
(1) When a power to revoke or modify an instrument affecting the title to or enjoyment of an estate in real property is reserved to the grantor or given to any other person, a subsequent grant of or charge upon the estate by the person having the power of revocation in favor of a purchaser or encumbrancer for value operates as a revocation of the original instrument, to the extent of the power, in favor of the purchaser or encumbrancer.
(2) When a person having a power of revocation within the provisions of subsection (1) is not entitled to execute it until after the time at which the person makes the grant or charge as described in that subsection, the power is considered to be executed as soon as the person is entitled to execute it.
History: (1)En. Sec. 3, p. 492, Bannack Stat.; re-en. Sec. 3, p. 392, Cod. Stat. 1871; re-en. Sec. 157, 5th Div. Rev. Stat. 1879; re-en. Sec. 214, 5th Div. Comp. Stat. 1887; amd. Sec. 1652, Civ. C. 1895; re-en. Sec. 4690, Rev. C. 1907; re-en. Sec. 6941, R.C.M. 1921; Cal. Civ. C. Sec. 1229; Field Civ. C. Sec. 537; re-en. Sec. 6941, R.C.M. 1935; Sec. 29-203, R.C.M. 1947; (2)En. Sec. 1653, Civ. C. 1895; re-en. Sec. 4691, Rev. C. 1907; re-en. Sec. 6942, R.C.M. 1921; Cal. Civ. C. Sec. 1230; Field Civ. C. Sec. 538; re-en. Sec. 6942, R.C.M. 1935; Sec. 29-204, R.C.M. 1947; R.C.M. 1947, 29-203, 29-204; amd. Sec. 2154, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 20. Transfer of Real Property › Part 4. Fraudulent Conveyances › 70-20-404. Purchaser in good faith not affected

70-20-404. Purchaser in good faith not affected.
The rights of a purchaser or encumbrancer in good faith and for value are not to be impaired by any of the foregoing provisions of this part.
History: En. Sec. 1654, Civ. C. 1895; re-en. Sec. 4692, Rev. C. 1907; re-en. Sec. 6943, R.C.M. 1921; Field Civ. C. Sec. 539; re-en. Sec. 6943, R.C.M. 1935; R.C.M. 1947, 29-205.
2023 Montana Code Annotated › Title 70. Property › Chapter 20. Transfer of Real Property › Part 4. Fraudulent Conveyances › 70-20-405. Other provisions on unlawful transfers -- where found

70-20-405. Other provisions on unlawful transfers -- where found.
Other provisions concerning unlawful transfers are contained in Title 31, chapter 2, part 3, concerning the special relations of debtor and creditor.
History: En. Sec. 1655, Civ. C. 1895; re-en. Sec. 4693, Rev. C. 1907; re-en. Sec. 6944, R.C.M. 1921; Cal. Civ. C. Sec. 1231; Field Civ. C. Sec. 541; re-en. Sec. 6944, R.C.M. 1935; R.C.M. 1947, 29-206; amd. Sec. 10, Ch. 115, L. 1979.
2023 Montana Code Annotated › Title 70. Property › Chapter 20. Transfer of Real Property › Part 5. Residential Real Property Disclosure Requirements › 70-20-501. Definitions

70-20-501. Definitions.
Unless the context requires otherwise, in this part the following definitions apply:
(1) "Adverse material fact" means a condition, malfunction, or problem that would have a materially adverse effect on the monetary value of real property, that affects the structural integrity of any improvements located on the real property, or that presents a documented health risk to occupants of the real property or would impair the health or safety of future occupants of the real property.
(2) "Buyer" means one or more persons who are attempting to acquire an ownership interest in real property.
(3) "Contract" means a real estate purchase contract between a buyer and a seller for the sale, conveyance, or exchange of real property, the option to purchase real property, or a lease with an option to purchase real property.
(4) "Disclosure statement" means the statement described in 70-20-502(1).
(5) "Offer to purchase" means an offer to transfer real property made by a buyer pursuant to a written contract.
(6) "Person" means an individual, corporation, limited liability company, partnership, association, trust, or other legal entity or any combination of these.
(7) "Residential real property" means real property that is improved by a building or other structure designed or intended for occupancy as a residence and that has one to four dwelling units or an individually owned unit in a structure of any size and includes:
(a) real property that has a combined residential and commercial use;
(b) a manufactured home that has been declared an improvement to real property under 15-1-116; and
(c) a condominium as defined in 70-23-102(7).
(8) "Seller" means one or more persons who are attempting to transfer an ownership interest in real property.
(9) "Transfer" means a sale or conveyance of, exchange of, or option to purchase by written instrument an ownership interest in real property for consideration.
History: En. Sec. 1, Ch. 375, L. 2023.
2023 Montana Code Annotated › Title 70. Property › Chapter 20. Transfer of Real Property › Part 5. Residential Real Property Disclosure Requirements › 70-20-503. Exempt transactions

70-20-503. Exempt transactions.
The written disclosure statement set forth in 70-20-502(1) is not required for the following transfers of residential real property:
(1) transfers pursuant to a court order, including but not limited to a transfer ordered by a probate court during the administration of a decedent's estate, a transfer pursuant to a writ of execution, a transfer by a trustee in bankruptcy, a transfer as a result of the exercise of the power of eminent domain, or a transfer that results from an order for specific performance of a contract or other agreement between persons;
(2) transfers between spouses resulting from a decree of dissolution of marriage or a decree of legal separation or from a property settlement agreement incidental to this decree;
(3) transfers to a mortgagee by a mortgagor or successor in interest who is in default, sales to a beneficiary of a deed of trust by a trustor or successor in interest who is in default, any foreclosure sale after default, any foreclosure sale after default in an obligation secured by a mortgage, a sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale, sales by a mortgagee or a beneficiary under a deed of trust who has acquired the residential real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or a sale pursuant to a decree of foreclosure or has acquired the residential real property by a deed in lieu of foreclosure, sales to the legal owner or lienholder of a manufactured home or mobile home by a registered owner or successor in interest who is in default, or sales by reason of any foreclosure of a security interest in a manufactured home or mobile home;
(4) transfers from one co-owner to one or more other co-owners;
(5) transfers to a person who is a spouse, child by blood or adoption, or parent of the seller or any other owner of the residential real property; and
(6) transfers when in the contract the buyer has waived the right to receive a disclosure statement at the time of submitting the offer to purchase to the seller.
History: En. Sec. 3, Ch. 375, L. 2023.
2023 Montana Code Annotated › Title 70. Property › Chapter 20. Transfer of Real Property › Part 5. Residential Real Property Disclosure Requirements › 70-20-504. Buyer's right to rescind

70-20-504. Buyer's right to rescind.
(1) Unless otherwise agreed to by the buyer and the seller in writing, if a disclosure statement is provided by a seller to a buyer after the execution of a contract, the buyer shall have 3 days from the day the seller or the real estate agent or other authorized representative of the seller delivers the disclosure statement to rescind the contract by delivering a separately signed written statement of rescission to the seller or the real estate agent or other authorized representative of the seller.
(2) The buyer may waive the right to rescind in any offer to purchase.
History: En. Sec. 4, Ch. 375, L. 2023.
2023 Montana Code Annotated › Title 70. Property › Chapter 20. Transfer of Real Property › Part 5. Residential Real Property Disclosure Requirements › 70-20-505. Purpose of disclosure statement

70-20-505. Purpose of disclosure statement.
(1) A disclosure statement as provided in 70-20-502 does not constitute a warranty of any kind by the seller or the real estate agent or other authorized representative of the seller.
(2) The disclosure statement must be considered a disclosure by the seller only and not the real estate agent or other authorized representative of the seller.
(3) The seller may not be responsible for misstatements or errors in a disclosure statement that are based on information a seller obtained from a reliable third-party, including a local governing agency.
History: En. Sec. 5, Ch. 375, L. 2023.
2023 Montana Code Annotated › Title 70. Property › Chapter 21. Recording Transfers and Other Transactions Relating to Real Property › Part 1. General Provisions › 70-21-101. Instrument defined -- abstract

70-21-101. Instrument defined -- abstract.
For the purposes of Title 1, chapter 5; part 2 of this chapter; and 70-21-310, the word instrument includes an abstract of an instrument that must be executed and acknowledged or proved by all parties executing the abstracted document and contains:
(1) the names and addresses of the parties to the instrument;
(2) a description of the real property affected;
(3) a statement that this is an abstract of another document;
(4) a short statement of the effect of the document abstracted;
(5) the name and address of the person who will provide a full and complete copy of the document abstracted, without cost, upon request of any person.
History: En. Sec. 2, Ch. 218, L. 1971; R.C.M. 1947, 73-101.1; amd. Sec. 20, Ch. 192, L. 1993.
2023 Montana Code Annotated › Title 70. Property › Chapter 21. Recording Transfers and Other Transactions Relating to Real Property › Part 1. General Provisions › 70-21-102. Unrecorded instruments valid between parties

70-21-102. Unrecorded instruments valid between parties.
An unrecorded instrument is valid as between the parties and those who have notice thereof.
History: En. Sec. 1644, Civ. C. 1895; re-en. Sec. 4687, Rev. C. 1907; re-en. Sec. 6938, R.C.M. 1921; Cal. Civ. C. Sec. 1217; re-en. Sec. 6938, R.C.M. 1935; R.C.M. 1947, 73-205.
2023 Montana Code Annotated › Title 70. Property › Chapter 21. Recording Transfers and Other Transactions Relating to Real Property › Part 1. General Provisions › 70-21-103. Unrecorded deeds -- to whom belong

70-21-103. Unrecorded deeds -- to whom belong.
Instruments essential to the title of real property and which are not kept in a public office as a record pursuant to law belong to the person in whom, for the time being, such title may be vested and pass with the title.
History: En. Sec. 1373, Civ. C. 1895; re-en. Sec. 4568, Rev. C. 1907; re-en. Sec. 6815, R.C.M. 1921; Cal. Civ. C. Sec. 994; Field Civ. C. Sec. 438; re-en. Sec. 6815, R.C.M. 1935; R.C.M. 1947, 67-1113.
2023 Montana Code Annotated › Title 70. Property › Chapter 21. Recording Transfers and Other Transactions Relating to Real Property › Part 1. General Provisions › 70-21-104. Removal of records prohibited -- exceptions

70-21-104. Removal of records prohibited -- exceptions.
The record of a conveyance of real property or any other record, a transcript of which is admissible in evidence, must not be removed from the office where it is kept, except upon the order of a court or judge in cases where the inspection of the record is shown to be essential to the just determination of the cause or proceeding pending or where the court is held in the same building with such office.
History: En. Sec. 3240, C. Civ. Proc. 1895; re-en. Sec. 7953, Rev. C. 1907; re-en. Sec. 10597, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1950; re-en. Sec. 10597, R.C.M. 1935; R.C.M. 1947, 93-1101-20.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.