Title 70, Title 70

A transfer may be made without writing in every case in which a writing is not expressly required by statute.

A transfer in writing is called a grant or conveyance or bill of sale. The term "grant", in this part, includes all these instruments unless it is specially applied to real property.

A grant takes effect so as to vest the interest intended to be transferred only upon its delivery by the grantor.

A grant duly executed is presumed to have been delivered at its date.

A grant cannot be delivered to the grantee conditionally. Delivery to the grantee or to the grantee's agent is necessarily absolute, and the instrument takes effect upon delivery, discharged of any condition on which the delivery is made.

A grant may be deposited by the grantor with a third person, to be delivered on performance of a condition, and on delivery by the depositary, it will take effect. While in the possession of the third person and subject to condition, it is called an escrow.

Though a grant is not actually delivered into the possession of the grantee, it is considered constructively delivered in the following cases: (1) when the instrument is, by the agreement of the parties at the time of execution, understood to be delivered and under circumstances …

Grants are to be interpreted in like manner with contracts in general, except so far as is otherwise provided in this part.

A clear and distinct limitation in a grant is not controlled by other words less clear and distinct.

If the operative words of a grant are doubtful, recourse may be had to its recitals to assist the construction.

A grant is to be interpreted in favor of the grantee, except that a reservation in any grant and every grant by a public officer or body, as such, to a private party is to be interpreted in favor of the grantor.

If several parts of a grant are absolutely irreconcilable, the former part prevails.

When a future interest is limited by a grant to take effect on the death of any person without heirs or heirs of the person's body or without issue or in equivalent words, the words must be taken to mean successors or issue living at the death of the person named as ancestor.

A transfer vests in the transferee all the actual title to the thing transferred which the transferor then has unless a different intention is expressed or is necessarily implied.

The transfer of a thing transfers also all its incidents unless expressly excepted, but the transfer of an incident to a thing does not transfer the thing itself.

Except as provided in 70-1-522, a present interest and the benefit of a condition or covenant respecting property may be taken by any natural person under a grant although not named a party to the grant.

(1) A person, homeowners' association, property owners' association, corporation, or other private entity may not, as a condition of property ownership within the jurisdiction of the private entity or by other means, prohibit the placement of a sign advocating the election, appoi…

It is the purpose of this part to declare that a gift or devise may be made to the estate of a named or otherwise designated person and that a power to appoint to the estate of such a person may be created and exercised in order to ensure that persons who make inter vivos or test…

The word "estate" as used in this part means persons who may take interests in property.

Unless a contrary intention appears, a devise, as defined in 72-1-103, or an inter vivos conveyance of a property interest to the estate of a named or otherwise designated person passes the interest as if the interest had been owned by that person. The interest may pass to the he…

A thing in action is a right to recover money or other personal property by a judicial proceeding.

A thing in action arising out of the violation of a right of property or out of an obligation may be transferred by the owner. Upon the death of the owner, it passes to the owner's personal representatives except when in the cases provided in this title it passes to the owner's d…

Animals wild by nature are the subjects of ownership, while living, only when on the land of the person claiming them or when tamed or taken or held in the possession or disabled and immediately pursued.

Any person claiming title to personal property, whether in actual possession thereof or not, may bring an action in the district court of any county wherein such personal property or any part thereof is situated against any person or persons claiming any interest therein by reaso…

The provisions of Title 25, chapter 3, parts 2 and 3, and Rules 4 and 12(a), M.R.Civ.P., are applicable to the action for which provision is made in 70-2-201.

(1) When any personal property is owned by two or more persons, any one or more thereof may bring an action, according to the respective rights of the persons interested therein, for the partition of such property or for a sale of the same or any part thereof if it appears that a…

The provisions contained in chapter 29 of this title, which prescribe the manner in which real property may be sold, are hereby made applicable to the action which is authorized by 70-2-211.

A gift is a transfer of personal property made voluntarily and without consideration.

A verbal gift is not valid unless the means of obtaining possession and control of the thing are given or, if it is capable of delivery, unless there is an actual or symbolical delivery of the thing to the donee.

A gift, other than a gift in view of death, cannot be revoked by the giver.

Unless otherwise agreed, when unsolicited goods are delivered to a person, the person may refuse delivery of the goods, or if the goods are delivered, the person is not bound to return the goods to the sender. If unsolicited goods are either addressed to or intended for the recip…

A gift in view of death is one which is made in contemplation, fear, or peril of death and with intent that it shall take effect only in case of the death of the giver.

A gift made during the last illness of the giver or under circumstances that would impress the giver with an expectation of speedy death is presumed to be a gift in view of death.

A gift in view of death may be revoked by the giver at any time and is revoked by the giver's recovery from the illness or escape from the peril under the presence of which it was made or by the occurrence of any event that would operate as a revocation of a will made at the same…

A gift in view of death is not affected by a previous will or by a subsequent will unless it expresses intention to revoke the gift.

A gift in view of death must be treated as a legacy so far as relates to the creditors of the giver.

The provisions of this chapter apply only to the extent not otherwise provided for in the Uniform Commercial Code.

When things belonging to different owners have been united so as to form a single thing and cannot be separated without injury, the whole belongs to the owner of the thing that forms the principal part. However, that person shall reimburse the value of the residue to the other ow…

(1) That part is considered to be the principal to which the other has been united only for the use, ornament, or completion of the principal part unless the other is the more valuable and has been united without the knowledge of its owner, who may, in that case, require it to be…

If one makes a thing from materials belonging to another, the latter may claim the thing on reimbursing the value of the workmanship unless the value of the workmanship exceeds the value of the materials, in which case the thing belongs to the maker on reimbursing the value of th…

When a person has made use of materials that in part belong to the person and in part to another in order to form a thing of a new description without having destroyed any of the materials but in a way that they cannot be separated without inconvenience, the thing formed is commo…

When a thing has been formed by the combination of several materials of different owners and none of the materials can be considered the principal substance, an owner without whose consent the combination was made may require a separation if the materials can be separated without…

Title 70, chapter 4, part 1, and 70-4-201 through 70-4-203 are not applicable to cases in which one willfully uses the materials of another without the other's consent, but in those cases, the product belongs to the owner of material if its identity can be traced.

If a person whose material has been used without the person's knowledge in order to form a product of a different description can claim an interest in the product, the person has an option to demand either restitution of the person's material in kind, in the same quantity, weight…

One who wrongfully employs materials belonging to another is liable to the other in damages as well as under the provisions of Title 70, chapter 4, part 1, and 70-4-201 through 70-4-205.