Montana General Form for Deed Granting Easement

State:
Multi-State
Control #:
US-01176BG
Format:
Word; 
Rich Text
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Description

An easement is a right in the land of another. The right is often described as the right to use the land of another for a special purpose. An easement gives one party the right to go onto another party's property. An easement is a real property interest, but separate from the legal title of the owner of the underlying land. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

A Montana deed is a legal document used to transfer land and real estate in the State of Montana. The deeds must have the name and address of the grantor and grantee as well as the legal description of the property being transferred. In addition, a notary must sign an acknowledgment that the deed was properly signed.

The Bottom Line A deed is a written document that conveys title to or an interest in real estate when executed and delivered. Grant deeds fall in the middle of the spectrum in terms of buyer protections?they offer more protection than quitclaim deeds, but less than general warranty deeds.

As discussed, prescriptive easement actions require proof of open, notorious, exclusive, adverse, and continuous possession or use for the statutory period of 5 years. The burden is on the party seeking to establish the prescriptive easement, and all elements must be proved. Tanner v. Dream Island, Inc., 275 Mont.

A grant deed is a property deed that is used to transfer ownership of real property from a grantor (the owner of a property) to a grantee (the buyer). A grant deed is a legal document and is unique because it comes with its own set of rules.

Generally, gift deeds (or deeds of gift) are just another form of grant deed. They usually convey the title in fee simple, and they typically include the word ?grant? in their operative language.

Whenever property is sold or gifted, a deed must be executed by the person or entity transferring ownership, the ?grantor,? and recorded with the Clerk and Recorder in the county where the property is located. The grantor will also need to file a Realty Transfer Certificate and pay the recording fee ($8 per page).

In a special warranty deed, a grantor offers limited protection to the grantee. The grantor is stating that since they have had the property, they have neither negatively affected the property nor created a defect on the title. This deed does not offer a buyer as much protection as the warranty deed does.

Montana Recorder Information In most cases deed documents are recorded in the County where the real estate is situated.

Easements are generally specific to a particular piece of property and granted for uses such as private access roads to single family residences or for farm and ranch operations and concentrated use of a singular area, like public parks and associated facilities.

Understanding the Different Types of Deeds in Montana A deed transfers real property from a grantor to the grantee. There are three main types of deeds: the general warranty deed, the special warranty deed, and the quitclaim deed.

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Montana General Form for Deed Granting Easement