Find the right Montana real estate form

Montana real property law is governed primarily by Title 70 of the Montana Code Annotated. Montana defines real property broadly to include land, fixtures attached to land (including certain manufactured homes declared improvements), rights incidental or appurtenant to land, and property considered immovable by law (MCA § 70-1-106).

Acquisition and Form of Conveyance

Real property in Montana may be acquired by occupancy, accession, transfer, will, or succession (MCA § 70-1-110). An estate or interest in real property—other than an estate at will or for a term not exceeding one year—must be created or transferred by written instrument subscribed by the granting party or the party’s authorized agent (MCA § 70-20-101).

Montana provides a statutory form of grant that may be used in a conveyance (MCA § 70-20-103). Warranty deeds and quitclaim deeds are commonly used, and statutory forms may be adapted to fit the transaction.

Montana recognizes ownership by joint tenants, tenants in common, and partnership interests (MCA § 70-1-306). The manner in which title is held determines survivorship rights and the appropriate form of conveyance.

Alien and Corporate Ownership

Citizens of lawful age and corporations with legal capacity may acquire and convey property. Montana places limited restrictions on alien ownership in specific contexts, such as certain coal leases (MCA § 77-3-305). Outside those limited statutory provisions, property may generally be acquired and conveyed by persons with legal capacity.

Execution, Acknowledgment, and Abstracts

Before a deed may be recorded, it must be acknowledged or proved. Acknowledgment must comply with Montana’s notarial statutes (MCA § 1-5-602). If not acknowledged, the instrument may be proved by a subscribing witness, with proof notarized as required by statute (MCA §§ 1-5-302; 1-5-303).

Montana law also permits recording by abstract of conveyance. An abstract that complies with statutory requirements (MCA § 70-21-101) and is properly acknowledged or proved has the same legal effect as recording the full instrument (MCA § 70-21-305).

Recording and Priority

Deeds must be recorded in the office of the county clerk and recorder in the county where the property is located.

Montana follows a race-notice recording system. An unrecorded conveyance is valid between the parties and those with actual notice (MCA § 70-21-102). However, a conveyance that is properly acknowledged or proved, certified, and recorded provides constructive notice from the time it is filed (MCA § 70-21-302).

A conveyance—other than a lease for one year or less—is void as against a subsequent purchaser or encumbrancer in good faith and for valuable consideration whose instrument is first duly recorded (MCA § 70-21-304). Priority is determined by the order of recording.

Because Montana permits recording by abstract, defines real property broadly, and ties priority strictly to acknowledgment and filing, careful preparation and timely recording with the county clerk are essential to protect ownership rights.