Mont. Code Ann. » TITLE 70. PROPERTY · CHAPTER 20. TRANSFER OF REAL PROPERTY · Part 3. Effect of Transfer
Montana Code Annotated

Mont. Code Ann. § 70-20-304 (2026)

Implied Covenants -- Free From Encumbrance

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  1. MCA Contents
  2. TITLE 70
  3. CHAPTER 20
  4. Part 3
  5. 70-20-304 Implied covenants -- free from encumbrance

TITLE 70. PROPERTY

CHAPTER 20. TRANSFER OF REAL PROPERTY

Part 3. Effect of Transfer

Implied Covenants -- Free From Encumbrance

70-20-304. Implied covenants -- free from encumbrance. (1) The use of the word "grant" in any conveyance by which an estate of inheritance or fee simple or possessory title is to be passed implies only the following covenants and none other on the part of the grantor for the grantor and the grantor's heirs to the grantee and the grantee's heirs and assigns unless restrained by express terms contained in the conveyance:

(a) that prior to the time of the execution of the conveyance the grantor has not conveyed the same estate or any right, title, or interest in that estate to any person other than the grantee; and

(b) that the estate is at the time of the execution of the conveyance free from encumbrances done, made, or suffered by the grantor or any person claiming under the grantor.

(2) The enumerated covenants may be sued upon in the same manner as if they had been expressly inserted in the conveyance.

History: En. Sec. 50, p. 487, Bannack Stat.; re-en. Sec. 50, p. 404, Cod. Stat. 1871; re-en. Sec. 227, 5th Div. Rev. Stat. 1879; re-en. Sec. 285, 5th Div. Comp. Stat. 1887; amd. Sec. 1519, Civ. C. 1895; re-en. Sec. 4627, Rev. C. 1907; re-en. Sec. 6874, R.C.M. 1921; Cal. Civ. C. Sec. 1113; re-en. Sec. 6874, R.C.M. 1935; R.C.M. 1947, 67-1616; amd. Sec. 2148, Ch. 56, L. 2009.

Notes of Decisions
Cited in 2 cases, 1980–2010 · leading case: Goeres v. Lindey's, Inc., 619 P.2d 1194 (Mont. 1980).
Sort: Relevance Newest Treatment
Goeres v. Lindey's, Inc., 619 P.2d 1194 (Mont. 1980). · cites it 6× “As to the status of implied covenants in this jurisdiction, section 70-20-304, MCA, provides: “(1) ..”
Hinderman v. Krivor, 2010 MT 230, 244 P.3d 306. · cites it 10× “This statutory covenant may be negated only "by express terms contained in the conveyance," § 70-20-304(1), MCA, which did not exist here.”
Mont. Code Ann. § 70-20-304(1): 1 case
Hinderman v. Krivor, 2010 MT 230, 244 P.3d 306. “This statutory covenant may be negated only "by express terms contained in the conveyance," § 70-20-304(1), MCA, which did not exist here.”
Mont. Code Ann. § 70-20-304(1)(b): 1 case
Hinderman v. Krivor, 2010 MT 230, 244 P.3d 306. “This statutory covenant may be negated only "by express terms contained in the conveyance," § 70-20-304(1), MCA, which did not exist here.”
Mont. Code Ann. § 70-20-304(l)(b): 1 case
Hinderman v. Krivor, 2010 MT 230, 244 P.3d 306. “This statutory covenant may be negated only "by express terms contained in the conveyance," § 70-20-304(1), MCA, which did not exist here.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.