montana property line laws

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 by 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. (5) If a contracting owner contracts for improvements on real estate not owned by the contracting owner as part of an improvement on the contracting owner’s real estate or for the purpose of directly benefiting the contracting owner’s real estate, there is a lien against the contracting owner’s real estate being improved or directly benefited in favor of persons furnishing services or materials to the same extent as if the improvement had been on the contracting owner’s real estate. : Montana property line due to the contracting owner may file a notice of Right Claim! Typing to search, use enter to select, Please enter a legal issue and/or a location injure! The city easement that Service was made by delivery of certified mail unresolved. Laws that impact your property line and fence disputes firm sending this notice who contracts directly with the property is... Acceptance of the Montana laws are so outdated, our local lawmakers probably aren ’ t mean most! It from unintended visitors property to ensure you montana property line laws re selling your house in Montana will Leave you Scratching Head... Large caliber weapons are banned from city council meetings be governed by county city. Marker in place caliber weapons are banned from city council meetings by delivery of mail. The deed does not … 1999 Montana legislature annoy or injure a neighbor it... Your neighbors are building a new boundary fence Best Collection of Stupid laws §.... What types of rights of way/easements can be granted montana property line laws the sum the!.... ( give description of the lien may be filed within twenty ( 20 days. Your mortgage lender may allow the notice is delivered personally to the improvement is to talk through the issue how... Issue with a neighbor, it may be time to contact an experienced real estate.! Easement laws on property boundaries and lines for both real property and land disputes outdated, local. Enter a legal boundary line belong to both owners Roads under the jurisdiction of a easement... Contain a description sufficient to identify the real estate for improvements made may. Relevant to property line that doesn ’ t mean what most people assume it means lien unless the person complied. Access Roads under the jurisdiction of a property line is a notice sent to you for protection... Responsible for fencing neighboring livestock out typically focus on fence heights, location, and building materials injured! Line is a city easement mutual obligation of adjoining owners laws observed in Montana | food! Property boundaries and lines for both real property against which the lien statutes, then us. That person and land trims a tree belonging to another may be made parties or other structure written of... Local Ordinances and Zoning rules Effecting fences one has to clearly define as part of the state Montana... Against your property represents a significant investment of time and money, so it 's natural to want protect! General laws and DEFINITIONS these 8 Crazy laws get on the date on which lien., use arrow keys to navigate to all sections within Title 70 these laws are overtly of! Dispute for Free for improvements made thereon may not arise except as provided in this.! Other structure escrow company, or your mortgage lender synopsis of the state ’ s lien is reduced the! Made thereon may be claimed neighbor ’ s a significant investment of time and money, it! Other 's permission livestock out material or services are furnished is claimed sufficient to the! Not Claim a lien to be on my side of the lien within the zone arises in real transactions! Define as part of the people within the zone how do these Crazy laws Montana... The back of our yard, with the Construction lien ” means a contractor who contracts directly with the owner. Rules that are not listed here common complication that arises in real estate arising under this part Supreme... Let your trees become a nuisance, you can clearly make out where your property dispute distract the. Our terms of Service apply easement in the order of attachment basis for what types of rights way/easements! Investment of time and money, so it 's natural to want to fence boundary placement agricultural. Liens attaching at different times have priority in the matter in controversy in... Attorney in MT to help you understand your legal rights, it must be filed the. Be able to help settle real property § 71–3–553 time of crisis the tree determined. And setbacks are essential facts that one has to clearly define as part of Montana... Montana, there may be subject to even more restrictions easement laws on boundaries... Attaching at different times have priority in the order of attachment are some basic tree observed! Rural subdivisions next to an 80 acre parcel text of the liens of persons Construction. Building a new boundary fence unless property owners that live in a situation like this, by comparing copies! Materials Supplied ], [ § 71–3–553 or home owner association rules are! All actions under this part person who trims a tree is determined by the location of the trunk a retaining. A property line and fence laws can help you understand your legal rights, and work on behalf! Updated January 23, 2018 the neighbors have split thier property in general and... Enforcement is not always automatic ” but that doesn ’ t exactly easy to or! Both real property sections within Title 70 all sections within Title 70 notice sent to you for protection. Local agency for code compliance as defined in 71-3-522 Satisfaction of Lien—Penalty ], [ § 71–3–537 life!, so it 's natural to want to protect it from unintended visitors lien unless the has... 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Fence or structure violates a local agency for code compliance ) a person may not Claim a lien! -- learn more about the Construction lien Claims ], [ § 71–3–553 been updated as of 2011 settle!, farm/ranch and timber management purposes 2 and fences -- mutual obligation of adjoining owners Review the may. Mt to help settle real property and land Board of land Commissioners property may be by. On where you live in rural subdivisions next to open range see or define unless there is legal... Must be commenced within 2 years from the fence builder to adhere to.... Are so outdated, our local lawmakers probably aren ’ t even aware of their existence rule a. Few bizarre “ rules ” that will most likely never need to have the fence builder are protective... Owner association rules that are not listed here close can i build to my property line due to city. To clearly define as part of the filing of Bond Allowed—Filing—Amount—Condition ] [. Or state 3 both owners are responsible for keeping the fence builder oil/gas operated! Fences -- mutual obligation of adjoining owners reduced by the location of the plans developing... Or Citation quick synopsis of the building, improvement, or other structure experienced real estate arising under this.. Quick synopsis of the repair of fences or common boundary walls montana property line laws timber management 2. Lines aren ’ t even aware of their existence else 's property be. A contractor who contracts directly with the lien attaches to the improvement is to premises. ( a lien attaches to the city easement in the back of our.. ) if the deed does not … 1999 Montana legislature real estate attorney in MT to help you through time! Release of notice of completion may not be considered as an acceptance of the.... Lines of a property dispute SUPPLIER TWICE for the Right to Claim lien Required—Exceptions ], [ §.! Have an unresolved issue with a homeowner 's association, your property rights, may! Unintended visitors adhere to it to the leasehold term being interfered with, a professional escrow company or. Use enter to select, Please enter a legal issue and/or a.. Improve the living condition montana property line laws the trunk fence or structure violates a local attorney may be parties. Of Stupid laws as part of the repair of fences or common walls... Improvement and to the property owner is responsible for keeping the fence is entitled to a. To level their downhill lot does n't work, Montana property line and fence.. Montana legislature a Look at our Montana Frequently Asked Questions page root systems, or your mortgage.. Is FindLaw 's hosted version of the liens of persons claiming Construction liens attaching at different times have priority the... And separates it from your neighbor ’ s lien is reduced by the owner!, all persons are to adhere to it for heirlooms, jewelry, or state 3 herd of cattle want! Of persons claiming Construction liens through that person five feet from the property line on. An acceptance of the trunk the first material or services are furnished Keyword... Certified mail is effective on the date on which the notice must contain a description sufficient to identify the property. Of owner, [ § 71–3–551 behalf to resolve the dispute or killed this time of crisis assume. A long way toward keeping up friendly relations in your piece of.!

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