Mont. Code Ann. » TITLE 70. PROPERTY · CHAPTER 20. TRANSFER OF REAL PROPERTY · Part 1. Method of Transfer
Montana Code Annotated

Mont. Code Ann. § 70-20-101 (2026)

Transfer To Be In Writing -- Statute Of Frauds

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 70
  3. CHAPTER 20
  4. Part 1
  5. 70-20-101 Transfer to be in writing -- statute of frauds

TITLE 70. PROPERTY

CHAPTER 20. TRANSFER OF REAL PROPERTY

Part 1. Method of Transfer

Transfer To Be In Writing -- Statute Of Frauds

70-20-101. Transfer to be in writing -- statute of frauds. An estate or interest in real property, other than an estate at will or for a term not exceeding 1 year, may not be created, granted, assigned, surrendered, or declared otherwise than by operation of law or a conveyance or other instrument in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring it or by the party's lawful agent authorized by writing.

History: En. Sec. 6, p. 393, Cod. Stat. 1871; re-en. Sec. 160, 5th Div. Rev. Stat. 1879; re-en. Sec. 217, 5th Div. Comp. Stat. 1887; re-en. Sec. 3274, C. Civ. Proc. 1895; re-en. Sec. 7967, Rev. C. 1907; re-en. Sec. 10611, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1971; re-en. Sec. 10611, R.C.M. 1935; R.C.M. 1947, 93-1401-5; amd. Sec. 7, Ch. 115, L. 1979; amd. Sec. 218, Ch. 685, L. 1989; amd. Sec. 2140, Ch. 56, L. 2009.

Notes of Decisions
Cited in 30 cases (5 in the last 5 years), 1979–2024 · leading case: Kluver v. PPL Montana, LLC, 2012 MT 321 (Mont. 2012).
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Kluver v. PPL Montana, LLC, 2012 MT 321 (Mont. 2012). · cites it 14× “” Additionally, § 70-20-101, MCA, provides that an interest in real property may not be transferred unless there is an instrument in writing, subscribed by the party transferring it or by the party’s lawful agent authorized by writing.”
Blazer v. Wall, 2008 MT 145 (Mont. 2008). · cites it 10× “2d 688, ¶¶ 20, 23 ; § 70-20-101, MCA ("No estate or interest in real property .”
Broadwater Dev., L.L.C. v. Nelson, 2009 MT 317 (Mont. 2009). · cites it 9× “However, to comply with the statute of frauds (§70-20-101, MCA) and the recording system (see generally Title 70, chapter 21, MCA), the writing itself must ultimately stand on its own and meet all of the formal requirements for granting the property interest.”
Rase v. Castle Mountain Ranch, Inc., 631 P.2d 680 (Mont. 1981). · cites it 11× “The statute of frauds, section 70-20-101, MCA, provides in essence that no estate or interest in real property can be created except by an instrument in writing.”
Conway v. Miller, 2010 MT 103 (Mont. 2010). · cites it 8× “3d 84 ; § 70-20-101, MCA. Typically, a seller of land grants or reserves an easement by the use of express words, such as "The Seller hereby reserves an easement 30 feet in width along the northern boundary of the Buyer's property for purposes of ingress to and egress from the…”
In Re the Marriage of Moss, 1999 MT 62 (Mont. 1999). · cites it 7× “Section 70-20-101, MCA, provides: No estate or interest in real property, other than an estate at will or for a term not exceeding 1 year can be created, granted, assigned, surrendered, or declared otherwise than by operation of law or a conveyance or other instrument in…”
Morton v. Lanier, 2002 MT 214 (Mont. 2002). · cites it 6× “¶16 The Statute of Frauds is codified at § 28-2-903, MCA, and § 70-20-101, MCA. Section 28-2-903(l)(d), MCA, provides that “an agreement .”
Erler v. Creative Fin. & Investments, L.L.C., 2009 MT 36 (Mont. 2009). · cites it 3× “Section 70-20-101, MCA. Further, if an agreement to sell property is to be executed by an agent of the party, the agent’s authority must also be evidenced in writing.”
Hinebaugh v. McRae, 2011 MT 270 (Mont. 2011). · cites it 3× “” Section 70-20-101, MCA. ¶22 The Hinebauchs argue that the District Court erroneously resolved issues of material fact.”
Palmer v. Bahm, 2006 MT 29 (Mont. 2006). · cites it 2× “Palmer seeks to invalidate the transfer between Punt and Bahm for violating the statute of frauds. Thus, his argument necessarily pertains only to the transfer of the strip of land and the associated agreement between Bahm and Punt.”
McCormick v. Brevig, 1999 MT 86 (Mont. 1999). · cites it 3× “Section 70-20-101, MCA. According to the statute of frauds, the conveyance of an interest in real property must be in writing.”
Isaak v. Smith, 848 P.2d 1014 (Mont. 1993). · cites it 16× “Section 70-20-101, MCA, governs transfers of real property.”
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