§ 70-20-301 Fee simple presumed to pass
§ 70-20-302 After-acquired title to pass by operation of law
§ 70-20-303 Grant conclusive — exception for good faith purchaser
§ 70-20-304 Implied covenants — free from encumbrance
§ 70-20-305 Encumbrance defined
§ 70-20-306 Responsibility of heirs of covenantor — certain warranties abolished
§ 70-20-307 Transfer of land bounded by highway — what passes
§ 70-20-308 Easements to pass with property
§ 70-20-309 Transfer of owner ousted of possession — effect
§ 70-20-310 Conveyance in joint tenancy — right of survivorship
§ 70-20-311 Grant on condition subsequent
§ 70-20-312 Grant on condition precedent
§ 70-20-313 Grant by owner for life or years
§ 70-20-314 Grant of property occupied by tenant
§ 70-20-315 Validation of unacknowledged deeds
§ 70-20-316 Deeds made prior to 1900 — presumption grantor had no wife
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Terms Used In Montana Code > Title 70 > Chapter 20 > Part 3 - Effect of Transfer

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Dower: A widow
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Grantor: The person who establishes a trust and places property into it.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • 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.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Property: means real and personal property. See Montana Code 1-1-205
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201