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Montana Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law and Gov & Administrative Law for Montana on
Q: Is a cabin on leased land real estate or personal property, and what legal instruments are needed for sale?

I am selling a cabin in Montana located on leased land under a US Forest Service Recreation Residence permit. The buyer is purchasing only the cabin itself, not the land. I have received conflicting advice about whether the cabin should be considered real estate or personal property. Some suggest... View More

Anthony M. Avery
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answered on Jun 30, 2025

If you do not own the real property, you cannot convey anything by Deed. Will the cabin be removed from the tract? If not, you are assigning your leasehold interest. Read your contract with the US to see if this is even possible. If the cabin is being removed, and is not a modular home with a... View More

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1 Answer | Asked in Real Estate Law, Contracts and Civil Litigation for Montana on
Q: Property transfer dispute; rights under written agreement.

In 2019, I was given a property under a written agreement, witnessed and signed by two people, stating that I would assume responsibility for all bills, taxes, and maintenance. I've paid all taxes, including back taxes, and made improvements leading to increased property value. I have... View More

Anthony M. Avery
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answered on Feb 25, 2025

Is there a recorded deed over to you as grantee? If not, you do not own anything but possibly a contractual right to get a deed. If you have a deed, then you must defend that you executed your part of the contract after getting the deed. Hire a MT lawyer as if you lose, you lose everything.

1 Answer | Asked in Real Estate Law and Tax Law for Montana on
Q: Can someone tell me where to procure a letter to a homeowner that I will be paying the property tax that is delinquent s

I need to get the assignment underway or my parents who died without a will may be in jeopardy of a tax lien sale.

James L. Arrasmith
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answered on Mar 8, 2024

To address delinquent property taxes and prevent a tax lien sale, especially in a situation involving inherited property from parents who passed away without a will, it's crucial to act quickly and efficiently. Crafting a letter to the homeowner, or in this case, to the relevant tax authority... View More

1 Answer | Asked in Real Estate Law for Montana on
Q: How to find easement information for my property in Hamilton, MT?

I recently purchased a property in Hamilton, Ravalli County, Montana. We are looking to put up a fence between us and the neighbor to our west. However, that neighbor claims the one to the east has a 30-foot easement on the property line. I've checked the documents from our title company but... View More

James L. Arrasmith
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answered on Jul 6, 2025

To confirm whether an easement exists on your property in Hamilton, you should begin by checking the recorded deed and title documents filed with the Ravalli County Clerk and Recorder’s Office. Easements that are legally binding usually appear in public records, either as part of your deed or as... View More

1 Answer | Asked in Landlord - Tenant, Civil Rights, Domestic Violence and Real Estate Law for Montana on
Q: How can I stop a landlord from harassing elderly tenants after eviction notice?

I live with two elderly, mentally handicapped people who have been in their home for 8 years. The woman's husband passed away 8 months ago where we live. The property was sold 2 months ago, and we received a 60-day eviction notice from the trailer court. The new owner of the home, not the... View More

James L. Arrasmith
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answered on Jun 25, 2025

If the new landlord is repeatedly visiting the property and confronting the tenants in a way that causes fear, confusion, or distress, that behavior may qualify as harassment under tenant protection laws. The elderly residents—especially if they are mentally handicapped—are entitled to live in... View More

1 Answer | Asked in Probate and Real Estate Law for Montana on
Q: Can I refuse ownership of an inherited trailer in a Livingston, Montana trailer park?

As the executor for my deceased brother's estate, I've inherited a condemnable trailer in a trailer park in Livingston, Montana. The trailer was disclaimed by the co-op that now owns the trailer park, and there is no debt associated with it. A contractor recommended condemning the... View More

James L. Arrasmith
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answered on Jun 12, 2025

Yes, you may be able to refuse ownership of the trailer, but you need to take formal steps to do so. As the executor, you’re responsible for managing your brother’s estate, but you are not personally obligated to accept property that has no value or poses a burden. If the trailer holds no... View More

1 Answer | Asked in Probate, Real Estate Law and Tax Law for Montana on
Q: Do I need to open an estate in Montana to transfer inherited mineral rights?

My mother, a PA resident, held mineral rights to a ranch in Montana. She passed away, and her will, which has been probated in Pennsylvania, stipulated that I inherit these mineral rights. I now wish to transfer my inherited mineral rights to my daughter. Do I need to open an estate in Montana for... View More

James L. Arrasmith
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answered on Jun 12, 2025

Yes, you will likely need to open an ancillary estate in Montana to legally transfer the mineral rights. Even though your mother’s estate was probated in Pennsylvania, real property—including mineral rights—is governed by the laws of the state where the property is located. Montana generally... View More

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Montana on
Q: Can I claim half of a house bought during marriage without my name on the title in Montana?

I've been married for 14 years, and I'm planning to move out of state. The house we currently reside in was purchased during our marriage, and though my name isn't on the title, I've paid for upgrades to it. Can I still get half of the house in our divorce?

James L. Arrasmith
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answered on Jun 10, 2025

Yes, you may still have a legal claim to the house even if your name is not on the title. In Montana, property purchased during the marriage is generally considered marital property, regardless of whose name is on the deed. What matters most is when the house was bought and how it was used during... View More

1 Answer | Asked in Real Estate Law, Contracts and Civil Litigation for Montana on
Q: Legal recourse for broken RTO verbal agreement for land in Montana?

I am dealing with a situation in Montana concerning a rent-to-own (RTO) agreement for a mobile home and an attached addition. Fourteen years ago, the landowner orally promised that I could enter into an RTO agreement for the land once the mobile home was paid off, and he charged me an additional... View More

James L. Arrasmith
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answered on Jun 1, 2025

You’ve been living with a promise for over a decade, and it’s understandable to feel betrayed now that the land is being sold out from under you. Even though the original rent-to-own agreement for the land was verbal, the fact that you paid an additional \$25 per month specifically for the... View More

1 Answer | Asked in Construction Law, Contracts, Civil Litigation and Real Estate Law for Montana on
Q: Can a company enforce a lien in Montana for unpaid balance due to incomplete repairs?

My father signed a $25,000 partial bathroom renovation contract in Montana, USA, which included a mechanic's lien. After several issues, the company agreed to reduce the fee by $2,000. However, the fee addendum contract included terms that precluded reporting issues to the BBB and other... View More

James L. Arrasmith
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answered on May 15, 2025

In Montana, a company can file a mechanic’s lien if they believe they’ve provided labor or materials and haven’t been fully paid. However, to enforce that lien, they would need to prove they upheld their side of the contract. If your father has clear documentation showing that the work was... View More

1 Answer | Asked in Personal Injury, Real Estate Law, Civil Rights and Landlord - Tenant for Montana on
Q: What happens if landlord hasCompany change our mobile home we own's locks &he was only granted possesion of lot not home
James L. Arrasmith
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answered on Jan 27, 2025

If your landlord changed the locks on your mobile home, even though they were only granted possession of the lot and not the home, this is likely a violation of your rights. As the owner of the mobile home, you have legal protections against being locked out without proper notice or legal action.... View More

1 Answer | Asked in Real Estate Law for Montana on
Q: My dad and stepmom bought land in 1978 with her sister and brother in law. 10 acres apiece. They have all passed now, so

how do I get my dad's half of the land in my name? He did not have a will, just a power of attorney, listing me as the agent if my stepmom was incapable. This is in Montana.

Anthony M. Avery
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answered on Nov 15, 2023

Hire a MT attorney to search the title and determine heirship. Hopefully a recorded Affidavit of Heirship will be your source of title. Someone has to pay taxes.

2 Answers | Asked in Real Estate Law and Construction Law for Montana on
Q: I did work on a commercial property. Owner is not paying

Owner took out a loan on his personal residence to help pay for the construction on commercial property. Can I lien the home as well as the commercial property?

Anthony M. Avery
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answered on Sep 20, 2023

You will need a MT attorney on this. Your materialman's lien would be filed only against the work you did on the commercial property. However you might be able to file the M & M Lien, then sue the customer for breach of contract. However defendant will argue you that an election of... View More

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1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Montana on
Q: My wife and I recently found a deed of full reconveyance signed by the beneficiary before he passed. Steps, probate, etc

Her mother has passed and with no living will the estate went to the next of kin. He has also passed. After his tragic death, his partner claimed common law. She has made verbal agreement to sign a quit claim deed, but has yet to do so. What steps in "order" to file probate, substitution... View More

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answered on Aug 28, 2023

You will have to hire a MO attorney to search the title, examine the deed (recorded or not), determine ownership, and decide if Probate litigation or your deed is helpful. Without recordation, deed is of no effect to the world, and the heirs may have already vested in title. Time is of the... View More

1 Answer | Asked in Consumer Law and Real Estate Law for Montana on
Q: Am I understanding the “Modification of Protective Covenants” correctly?

The covenants for our subdivision state: “these protective covenants shall be binding upon all persons owning land in the subdivision. They shall be modifiable by a 2/3 vote of a majority of the owners of lots in the subdivision (one vote per lot).”

There are owners that own up to 3 or... View More

John Michael Frick
John Michael Frick
answered on Apr 12, 2023

It most likely means 21 lots must vote in favor.

Owners with more than a single lot can cast one vote per lot they own.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Montana on
Q: 6 siblings inherited land. 5 of 6 want to sell. Do all need to agree to sell or majority rule?

The 6th said he would purchase our shares but it would be at an incredibly low price

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answered on Oct 26, 2022

You may need to file suit for a Sale For Partition.

1 Answer | Asked in Real Estate Law for Montana on
Q: How can i buy an abandoned house from a person who is deceased

My aunts bf died 3 years ago and the house has been abandoned since then no one has claimed ownership and 3 years of taxes are owed. It is in montana and i am wanting to know how i could go about buying the house

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answered on Jan 4, 2021

Hire a competent MT attorney to search the Title, determine Heirship, and draft/record an Affidavit of Heirship. That will be your Source of Title but you will have to pay sufficient money to the Heirs to get their Deed. Or you might check when the Tax Sale will be. A possible successful bid... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Montana on
Q: if our parents died without a will, would the court order that their land be sold, or could my siblings and I decide

ourselves how to divide it?

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answered on Oct 30, 2019

It depends somewhat on whether the property must be sold to pay debts and the expenses of probate.

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