Property Record Card Enter a property number, assessment code, name or address in the search box to view property characteristics. In Montana, a lease exists wherever there is an agreement to pay rent in exchange for inhabiting a property. Property owners have the ability change the locks and remove the squatter’s possessions if the squatter took possession by means of a forcible entry, holds possession by force, or came into possession by trespass without color of title. The mineral owner is also commonly allowed to build roadways or other improvements necessary to facilitate the mineral extraction. These give you the right to use the land as you see fit. View photos, research land, search and filter more than 136 listings | Land and Farm By refusing to grant an easement, you can block it from coming to fruition. Typically, surface rights are in the ownership of private individuals. If you own property, you have the … ... State of Montana When an easement is given by a property owner, that easement is recorded or filed in the county records office, and usually the only ways to terminate the easement is for the power company to release its interest in the easement or both the property owner and power company agree to abandon the easement. For example, a property owner could sell or lease mineral rights but hold on to the right to use the area above ground. Often, these hunters are eager to gain access to these private lands, but it is important for landowners to remember that they hold the ultimate authority over their property. Problems arise when, as is often the case, standing water is harmful to land because it floods crops or otherwise interferes with the owner’s use and enjoyment of the land. § 37-51-601. Montana has dozens of listings for riverfront land and property for sale. Many times the ownership of the surface (surface rights) are separated from the subsurface rights (minerals). Montana real and personal property tax records are managed by the County Assessor in each county. Montana requires a copy of the mechanics lien to be served on the property owner (must be given to each owner of record) prior to the recording of the lien with the county clerk and recorder for the county in which the property is located. 70 Ch. Montana statute allows a property owner to file a Notice of Completion after (a) the written acceptance by the contracting owner, his agent, or representative of the building, improvement, or structure, or (b) the cessation from labor for 30 days upon any building, improvement, or structure, or the alteration, addition to, or repair thereof. In this case, the property owner may also enter the property without the squatter’s permission. We serve the people of Montana and are here to help you through this time of crisis. In Montana, each owner, called a joint tenant, must own an equal share. The owner of mineral rights can sell, lease, gift or bequest them to others individually or entirely. Recent Lands of America data records roughly 39,000 acres of riverfront land and property for sale in Montana, which is valued at approximately $146 million. Non-probate assets don't have to go through court-supervised probate after the owner dies because there's already a means in place to move the asset from the ownership of the deceased to living individuals. When your property conveys to a new owner (who is not a co-owner), the limited exception to the CC&Rs expires. "Mineral rights" entitle a person or organization to explore and produce the rocks, minerals, oil and gas found at or below the surface of a tract of land. Find Montana Off-Grid Land for sale. The property rights an easement allows depends on the rules of your specific easement. This is known as a spite fence, and the Montana Supreme Court says this isn't legal. It doesn’t take a property lawyer to identify the basic categories of rights that come with property ownership. Montana requires property managers to be licensed. M.C.A. Make sure you verify the licenses of any real estate agents, brokers, or property managers with which you deal. Property owners will want to know whether there's a utility easement on their land, and, if so, what their property owners' rights actually are. For example, it is possible to sell or lease rights to all mineral commodities beneath a property and retain rights to the surface. We have the most comprehensive database of Montana mineral owners available. Electric power easements are agreements between a landowner and a utility company that allow the company to use part of the owner's land for activities and equipment related to providing electricity. To find out who owns mineral rights, you will need to do a property search. By Alan R. Romero . Contractors & suppliers have strong lien rights in Montana. In addition to gold, there is abundant silver, coal, and talc. The average price of riverfront homes and property for sale in Montana … Property owned in joint tenancy automatically passes to the surviving owners when one owner dies. “Almost everyone rents housing at some point in life. A Property Owner’s Rights. Throughout this event, we will work hard to keep you updated on the impact COVID-19 has on taxation, alcoholic beverage control, and property assessment. The new property owner must use the access road across the original owner’s property openly and with the original owner’s knowledge. A Montana man built a fence from old abandoned cars because he was mad at his neighbor for complaining about the state of his property. License information can be found by contacting the Montana Depart of Labor & Industry. Browse mineral owners, royalty interests, appraised values, etc., for oil and gas properties in Montana. In both instances, the property owner seeking the easement must show proof of strict or absolute necessity. Looking for information on your property? Available now are recreational, investment, and hunting property in Montana for sale by the owner. The owner of property on which the standing water sits has complete and exclusive rights to use it. In Montana, ownership of the land doesn’t necessarily give you ownership of what is underground. Private landowners in Montana hold a good amount of the state’s lands, many of which have caught the eyes of hunters across the country. Implied or Visible Easement. Joint tenancy often works well when couples (married or not) acquire real estate, vehicles, bank accounts or other valuable property together. Probate assets include sole ownership property, tenants in common property, or any other asset owned jointly without rights of survivorship. No probate is necessary. As the owner of a property, you have ultimate control over whether an easement goes into effect. According to Montant law (Montana Code Tit. We understand COVID-19 impacts all aspects of our community. The grant of an Easement by Implication to the new property owner can be done even if there is another way for the new property owner to access a public road. A property owner who grants a conservation or scenic highway preservation easement is entitled to a reduction in tax assessed value based upon the existence of the easement. The easement shall be exempt from assessment and taxation the same as any other property owned by … This might mean the mineral owner has the right to drill an oil or natural gas well, or excavate a mine on your property. At the risk of oversimplification, this doctrine is generally raised when a neighboring property owner is acting in a manner that can be described as a nuisance. Real property describes the rights and benefits that go together with ownership of physical real estate, and includes the bundle of rights that come with owning real estate. There are many types, but these are some of the features that help define them: Appurtenant versus gross easements: An appurtenant easement allows a property owner access to land that’s only accessible through a neighbor’s land. Montana Property Deeds A deed is the instrument that transfers ownership of real property from one owner to another. Land and land improvements are considered real property while mobile property is classified as personal property. As the property owner, you could have several types of utility lines running under or over your land, such as electric or gas lines. If you are a buyer who wants a piece of the Montana dream, then check these properties out. Montana is rich in minerals. Property information can also be found at cadastral.mt.gov. Property deeds; Land grants; Prescriptive easements – According to the Montana state code, prescriptive easements provide individuals with “a right to use the property of another that is acquired by open, exclusive, notorious, hostile, adverse, continuous, and uninterrupted use for a period of 5 years.” No property owner has the right to erect and maintain an otherwise useless structure just to annoy or injure a neighbor. Both landlords and tenants can prevent misunderstandings, hassles and possible legal expenses by knowing their rights and responsibilities under the Montana Residential Landlord and Tenant Act and their rental agreement.”. An easement is an agreement that allows one party to use the property or land of another party for the specific purpose stated in the easement itself. The Best Tool to Research Mineral Rights in Texas B. In property law, owning something means you can enforce legal rights concerning it. 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