70-28-304. Judge to issue deed — requirements. If there are no valid conflicting claims to the lot on the entry townsite, the district court judge, as ex officio probate judge of the county, shall issue the claimant a good and sufficient deed for the lot on the entry townsite land upon finding in a hearing that:

Terms Used In Montana Code 70-28-304

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Ex officio: Literally, by virtue of one's office.
  • Probate: Proving a will

(1)the petitioner is a qualified claimant under 70-28-302; and

(2)(a) no deed has been issued by a probate or district court judge of the county where the entry townsite land is located for the claimed lot; or

(b)a deed for the claimed lot has been issued but not recorded and has been lost or cannot be found.