The full text of the Montana Construction Lien Law is provided below, and has been updated as of 2011. Property. Even then, there can be inaccuracies with fences or landmarks, or changes that occur over time that affect (or appear to affect) where one property starts and another ends. Click Here to File a Montana Document. If branches or roots belonging to a neighbor's tree hangs over your property, you have a right to trim it back to the property line (at your own expense). Visit our professional site », Created byÂ FindLaw's team of legal writers and editors --LEARN more about the construction lien laws and the meaning of this notice by contacting an attorney or the firm sending this notice. (b) If a price is not agreed upon by the contracting parties, the contract price means the reasonable value of all services or materials covered by the contract. Click Here to File a Montana Document. Get started today with a free legal evaluation of your case by a Montana real estate attorney. However, a lien for supplying tools, appliances, or machinery used on the improvement is limited as provided by subsection (3). The filing of a notice of completion may not be considered as an acceptance of the building, improvement, or other structure. 30 years ago, the property owners behind us built a huge retaining wall to level their downhill lot. Search. (1) When a bond is filed prior to the service of a complaint in an action to foreclose upon a construction lien as allowed in 71-3-551, the person filing the construction lien may bring an action upon the bond. Under Montana law, marital property is that which is acquired or is a direct result of the labor and investments of the parties during the marriage is subject to equitable division. Acknowledgment of Satisfaction of Lien—Penalty], [ § 71–3–538. This notice has been sent to you by: NAME: ADDRESS: TELEPHONE: Under Montana’s laws, those who work on your property or provide materials and are not paid have a right to enforce their claim for payment against your property. Montana Title 70. --WHEN PAYING your contractor for services or materials, you may make checks payable jointly to the contractor and the firm furnishing services or materials for which you have received a notice of the right to claim a lien. Every property seller is looking for the right balance between too much and not enough disclosure of defects. (1) Except as provided in Title 60, chapter 7, part 2, for the highways referred to in 60-7-201, a person owning, controlling, or in possession of livestock or a person owning property has no duty to keep livestock from wandering on highways and is not subject to liability for damages to any property or for injury to a person caused by an accident involving a motor vehicle and Chapter 1. Don't let those overhanging branches, creeping root systems, or falling debris cause problems with your neighbors. Electric/Telecommunications Lines operated by a utility company 4. (1) The county clerk shall endorse upon every lien the day of its filing and make an abstract of the lien in a book to be kept for that purpose and properly indexed, containing the date of the filing, the name of the person holding the lien, the amount of the lien, the name of the person against whose property the lien is filed, and the description of the property to be charged with the lien. (4)(a) “Contracting owner” means a person who owns an interest in real estate and who, personally or through an agent, enters into an express or implied contract for the improvement of the real estate. I first furnished these services or materials on .... (give date) and last furnished services or materials on .... (give date; if the date has not yet arrived, insert an estimate of the date on which services or materials will be last furnished and identify the date as an estimate). Montana law also permits mortgages to serve as liens upon real property and for judicial foreclosures to occur through the courts. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. Click Here to File a Montana Document, (1) A construction lien extends to the interest of the contracting owner in the real estate, as the interest exists at the commencement of work or is subsequently acquired in the real estate, subject to the provisions of this section. (5) Except as provided in subsection (6), a lien attaches at the commencement of work as defined in 71-3-522. (1) The notice of the right to claim a lien must be in writing and state that it is a notice of a right to claim a lien against real estate for services or materials furnished in connection with improvement of the real estate. (1) Except as otherwise provided in this part, the provisions of Title 25 are applicable to and constitute the rules of practice in the proceedings mentioned in this part. (2)(a) If an improvement is located wholly on one or more platted lots belonging to the contracting owner, the lien applies to the improvement and to the lots on which the improvement is located. I claim this lien against .... (give description of the real property against which the lien is claimed sufficient to identify it). Generally, it must be filed within twenty (20) days after the first material or services are furnished. If the deed does not … (6) The contracting owner shall give a copy of the notice of completion to any person who has given the contracting owner a notice of a right to claim a lien. In a situation like this, by comparing deed copies, you can clearly make out where your property lines lie. Trees that threaten to damage someone else's property can be declared a … Posted on by . In the event that trees hang over the fence, most states agree that the property owner may … Click Here to File a Montana Document. 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