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Montana Quitclaim Deed

A conveyance, as used in the Montana Code of Laws, includes every instrument in writing by which an estate or interest in real property is created, aliened, mortgaged, or encumbered or by which the title to real property may be effected, except wills (MCA 70-21-301). By this statutory definition, a quit claim deed is a real estate document that affects the title to real property in Montana. A fee simple estate is presumed to pass with the creation of a quit claim deed unless it is evident from the instrument that a lesser estate is implied (MCA 70-20-301). When a grantor in Montana conveys real property in fee simple and then acquires title or claim of title to the real property after the initial conveyance, the real property passes by operation of law to the grantee or the grantee’s successors (MCA 70-20-302). Presumably, this also applies to quit claim deeds in Montana, as a quit claim deed is a type of grant. The use of the word “grant” in any conveyance implies only the following covenants on the part of the grantor, unless this is prohibited by specific words in the conveyance: (a) prior to the execution of the conveyance, the grantor has not conveyed the same estate or any right, title, or interest in that estate to anyone other than the grantee, and (b) at the time of execution, the estate is free from any encumbrances done, made, or suffered by the grantor or anyone claiming under the grantor (70-20-304). The words of conveyance in a quit claim deed generally include "quitclaim" instead of "grant," so it can be logically concluded that a quit claim deed does not include covenants.

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