Mont. Code Ann. » TITLE 70. PROPERTY · CHAPTER 1. PROPERTY IN GENERAL REAL AND PERSONAL · Part 5. Transfer of Property Grants and Their Interpretation
Montana Code Annotated

Mont. Code Ann. § 70-1-511 (2026)

Delivery In Escrow

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 70
  3. CHAPTER 1
  4. Part 5
  5. 70-1-511 Delivery in escrow

TITLE 70. PROPERTY

CHAPTER 1. PROPERTY IN GENERAL REAL AND PERSONAL

Part 5. Transfer of Property Grants and Their Interpretation

Delivery In Escrow

70-1-511. Delivery in escrow. A grant may be deposited by the grantor with a third person, to be delivered on performance of a condition, and on delivery by the depositary, it will take effect. While in the possession of the third person and subject to condition, it is called an escrow.

History: En. Sec. 1455, Civ. C. 1895; re-en. Sec. 4599, Rev. C. 1907; re-en. Sec. 6846, R.C.M. 1921; Cal. Civ. C. Sec. 1057; Based on Field Civ. C. Sec. 468; re-en. Sec. 6846, R.C.M. 1935; R.C.M. 1947, 67-1512.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2015–2024 · leading case: In re Fix, 542 B.R. 502 (Bankr. D. Mont. 2015).
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In re Fix, 542 B.R. 502 (Bankr. D. Mont. 2015). “Montana has a statute, MCA § 70-1-511 (“Delivery in escrow”) which provides for a similar result: “A grant may be deposited by the grantor with a third person, to be delivered on performance of a condition, and on delivery by the depositary, it will take effect.”
Sutherland v. Watterworth (D. Mont. 2024). · cites it 2× “1949)); see also Mont. Code Ann. § 70-1-511 . The Sutherlands contend that because the Warranty Deed was not recorded until 2007—long after Sagebrush conveyed Tract 2 to the Holts, Sutherlands’ predecessors in interest—Sagebrush was “legally incapable” of granting an easement…”
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