Title 70, Title 70

Any conveyance of real property placed of record in any office of a county clerk and recorder in which the name of the grantee is followed by the word "trustee", "as trustee", or some similar fiduciary term and in which terms and conditions of the purported trust or any limitatio…

No instrument containing a power to convey or execute instruments affecting real property, which has been recorded, is revoked by any act of the party by whom it was executed unless the instrument containing such revocation is also acknowledged or proved, certified, and recorded …

(1) Any instrument affecting real property, provided no action is pending as of October 1, 1991, to set such instrument aside, which was, previous to January 1, 1991, recorded in the office of the county clerk and recorder shall be deemed to impart after that date notice of its c…

(1) Any deed, mortgage, or assignment of mortgage which was, previous to July 1, 1931, copied into the proper book kept in the office of the county clerk and recorder shall be deemed to impart, after July 1, 1931, notice of its contents to subsequent purchasers and encumbrancers …

This part may be cited as the "Corner Recordation Act of Montana".

It is the purpose of this part to protect and perpetuate public land survey corners and information concerning the location of such corners by requiring the systematic establishment of monuments and recording of information concerning the marking of the location of such public la…

Except when the context indicates a different meaning, terms used in this part must be defined as follows: (1) An "accessory to a corner" means any exclusively identifiable physical object whose spatial relationship to the corner is recorded. Accessories may be bearing trees, bea…

A surveyor shall complete, sign, stamp with the surveyor's seal, and file with the county clerk and recorder of the county where the corner is situated a written record of corner establishment or restoration to be known as a "corner record" for every public land survey corner and…

(1) A surveyor may file a corner record to any property corner, property controlling corner, reference monument, or accessory to a corner. (2) The filing of a properly completed corner record, documenting survey data used to determine the position of the corner, may be filed in l…

Corner records may be filed concerning corners established, reestablished, or restored before July 1, 1963.

The board shall by regulation provide and prescribe the information which shall be necessary to be included in the corner record, and the board shall prescribe the form in which such corner record shall be presented and filed.

A corner record may not be filed unless the record is signed by a registered surveyor and stamped with the surveyor's seal, or in the case of an agency of the United States government or the state of Montana, the certificate may be signed by the survey party chief making the surv…

(1) The county clerk and recorder of the county containing the corner must receive the completed corner record and preserve it in a hardbound book. The books must be numbered in numerical order as filled. (2) The clerk shall number the forms in numerical order as they are filed. …

If a corner record of a public land survey corner is required to be filed under the provisions of this part, the surveyor shall reconstruct or rehabilitate the monument of the corner and accessories to the corner so that the monument is left by the surveyor in a physical conditio…

(1) A public or private entity or person shall, before engaging in activity that will or is likely to disturb or destroy a monument or the accessories to a monument, require the following activities to be performed by a professional land surveyor, as defined in 37-67-101, or a qu…

(1) The North American datum systems of plane coordinates that have been established by the national oceanic and atmospheric administration/national geodetic survey (formerly the United States coast and geodetic survey) or a successor for defining and stating the positions or loc…

(1) As established for use in the north zone, the Montana coordinate system NAD 27 shall be named and in any land description in which it is used it shall be designated the "Montana coordinate system NAD 27, north zone". (2) As established for use in the central zone, the Montana…

(1) For the Montana coordinate system NAD 27, the plane coordinate values for a point on the earth's surface used to express the geographic position or location of such point in the appropriate zone of this system must consist of two distances expressed in terms of a United State…

(1) For the purposes of describing the location of any survey station in Montana, it is considered a complete, legal, and satisfactory description of such location to give the position of the survey station on the system of plane coordinates designated in this part. (2) When any …

For the purposes of more precisely defining the Montana coordinate systems NAD 27, NAD 83, and MTPCS, the following description by the national oceanic and atmospheric administration/national geodetic survey (formerly the United States coast and geodetic survey) is adopted: (1) T…

Coordinates based on the Montana coordinate systems purporting to define the position of a point on a land boundary may not be presented to be recorded in any public land records or deed records unless the coordinates have been determined with respect to the national spatial refe…

The use of the term "Montana coordinate system NAD 27 north, central, or south zone", "Montana coordinate system NAD 83", or "Montana plane coordinate system" on any map, report of survey, or other document must be limited to coordinates based on the Montana coordinate systems as…

Whenever coordinates based on the Montana coordinate system are used to describe any tract of land which in the same document is also described by reference to any subdivision, line, or corner of the United States public land surveys, the description by coordinates shall be const…

Nothing contained in this part shall require any purchaser or mortgagee to rely on a description, any part of which depends exclusively upon the Montana coordinate systems.

The Montana coordinate system NAD 27 north, central, and south zone may not be used after July 1, 1993; the Montana coordinate system NAD 83 is the sole system to be used after this date.

The Montana coordinate system NAD 83 may not be used to define the position of a point on a land boundary for any publicly recorded instrument more than 1 year after the date that SPCS2022 is adopted by NGS as an official part of the NSRS. The Montana plane coordinate system as d…

This chapter may be cited as the "Unit Ownership Act".

In this chapter, unless the context requires otherwise, the following definitions apply: (1) "Association of unit owners" means all the unit owners acting as a group in accordance with the declaration and bylaws. (2) "Borrower" means a mortgagor, grantor as defined in 71-1-303, o…

(1) In order to submit any property to the provisions of this chapter, the sole owner or sole lessee or all of the owners or all of the lessees of the property shall execute, acknowledge, and record a declaration in the office of the recording officer of the county in which the p…

(1) A condominium may be converted to a townhome or townhouse only if: (a) no other structure occupies the vertical air space above or below the unit's converted footprint; (b) all condominium units subject to the recorded condominium declaration are simultaneously converted to t…

(1) In addition to the documents required under 70-23-1101(2)(a), the notice of intent by a unit owner to a lienholder to convert a condominium to a townhome or townhouse must contain: (a) the date; (b) the name and address of the borrower; (c) the name of the lienholder; and (d)…

The instrument reflecting a unit owner's consent on behalf of the lienholder to convert a secured property from a condominium to a townhome or townhouse must be in substantially the following form: "(Unit owner) hereby consents on behalf of (name of lienholder), whose lien is evi…

Regarding a conversion pursuant to 70-23-1101, the following provisions apply: (1) (a) A townhome or townhouse unit, including the structural elements and land beneath the unit as described in the surveyed site plan in 70-23-1101(2)(a)(iv), must be considered to be owned in fee s…

Nothing in this part may be interpreted to modify, expand, or abrogate the applicability of state or local building codes or zoning regulations to a condominium, townhome, townhouse, or conversion.

A declaration must contain: (1) a description of the land, whether leased or in fee simple, on which the building is located or is to be located; (2) the name by which the property will be known and a general description of the building, including the number of stories and baseme…

A preliminary declaration, setting forth as many of the particulars required by 70-23-301 as may then be practicable, may be recorded before construction of the building described in the declaration is completed. The preliminary declaration shall not relieve the owner from the ne…

No property shall bear a name using a word which is the same as, similar to, or pronounced the same as a word in the name of any other property or subdivision in the same county, except for the words "apartment", "motel", "building", "court", "place", or similar words.

Before a declaration may be recorded in the county in which the property is located, it must be approved by the county. A declaration must be approved unless: (1) the name does not comply with 70-23-303; and (2) all taxes and assessments due and payable have not been paid.

(1) When a declaration is made and approved as required, it must, upon the payment of the fees provided by law, be recorded by the recording officer. The fact of recording and the date of recording must be entered on the declaration. (2) At the time of recording a declaration, th…

(1) Floor plans of the building described in a declaration shall be recorded simultaneously with the declaration. The floor plans shall show the layout of each unit, including the unit designation, location and dimensions of each unit, and the common areas to which each has acces…

(1) The unit owners of each property shall adopt bylaws to govern the administration of the property. (2) A copy of the bylaws, certified by the presiding officer and secretary of the association, shall be recorded simultaneously with the declaration of the property to which the …

Subject to 70-1-522, the bylaws must provide for: (1) the election from among the unit owners of a board of directors, the number of persons constituting the board, and that the terms of at least one-third of the directors expire annually, the powers and duties of the board, the …

(1) Unless the terms of the declaration or the bylaws provide otherwise, an association of unit owners may hold a meeting by remote means. (2) For the purposes of this section, "remote means" includes telephone audio, teleconference, or videoconference.

While the property is submitted to this chapter, a unit in the building may be individually conveyed, leased, or encumbered and may be the subject of ownership, possession, or sale and of all types of juridic acts inter vivos or mortis causa as if it were sole and entirely indepe…

(1) Each unit owner is entitled to the exclusive ownership and possession of the owner's unit. (2) A unit may be jointly or commonly owned by more than one person.

(1) Each unit owner shall be entitled to an undivided interest in the common elements in the percentage expressed in the declaration. Such percentage shall be in the approximate relation that the value of the unit at the date of the declaration bears to the then combined value of…