Part 1 Servitudes — Easements § 70-17-101 – § 70-17-112
Part 2 Covenants Running With the Land § 70-17-201 – § 70-17-212
Part 3 Solar Easements § 70-17-301 – § 70-17-303
Part 4 Wind Energy Easements § 70-17-401 – § 70-17-408
Part 9 Restrictions Pertaining to Homeowners’ Associations § 70-17-901

Terms Used In Montana Code > Title 70 > Chapter 17

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Contract: A legal written agreement that becomes binding when signed.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Grantor: The person who establishes a trust and places property into it.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
  • Several: means two or more. See Montana Code 1-1-201
  • Wind easement: means the right granted by the owner of real property to a wind energy developer guaranteeing the developer the right to use the real property legally described in a wind energy agreement and the wind resource located on and flowing over its surface to develop a wind energy project. See Montana Code 70-17-402
  • Wind energy agreement: means any wind energy lease or license or any other written document entered into between the owner of the real property and the wind energy developer that contains the wind easement. See Montana Code 70-17-402
  • Wind energy developer: means the person that enters into a wind option agreement or wind energy agreement with the owner of the real property for the purpose of developing a wind energy project. See Montana Code 70-17-402
  • Wind energy right: means an interest in real property on and over which the wind resource is located and flows that is appurtenant to the real property. See Montana Code 70-17-402
  • Wind option agreement: means a written agreement in which the owner of real property grants a wind energy developer an exclusive right to obtain a wind easement through a wind energy agreement. See Montana Code 70-17-402
  • Writing: includes printing. See Montana Code 1-1-203