Mont. Code Ann. » TITLE 76. LAND RESOURCES AND USE · CHAPTER 3. LOCAL REGULATION OF SUBDIVISIONS · Part 3. Land Transfers
Montana Code Annotated

Mont. Code Ann. § 76-3-304 (2026)

Effect Of Recording Complying Plat

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 76
  3. CHAPTER 3
  4. Part 3
  5. 76-3-304 Effect of recording complying plat

TITLE 76. LAND RESOURCES AND USE

CHAPTER 3. LOCAL REGULATION OF SUBDIVISIONS

Part 3. Land Transfers

Effect Of Recording Complying Plat

76-3-304. Effect of recording complying plat. The recording of any plat made in compliance with the provisions of this chapter shall serve to establish the identity of all lands shown on and being a part of such plat. Where lands are conveyed by reference to a plat, the plat itself or any copy of the plat properly certified by the county clerk and recorder as being a true copy thereof shall be regarded as incorporated into the instrument of conveyance and shall be received in evidence in all courts of this state.

History: En. Sec. 12, Ch. 500, L. 1973; amd. Sec. 8, Ch. 334, L. 1974; R.C.M. 1947, 11-3870(3).

Notes of Decisions
Cited in 13 cases (3 in the last 5 years), 1986–2022 · leading case: Bache v. Owens, 883 P.2d 817 (Mont. 1994).
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Bache v. Owens, 883 P.2d 817 (Mont. 1994). · cites it 38× “The court cited § 76-3-304, MCA. That statute, which is part of the Montana Subdivision and Platting Act, provides: The recording of any plat made in compliance with the provisions of this chapter shall serve to establish the identity of all lands shown on and being a part of…”
Conway v. Miller, 2010 MT 103 (Mont. 2010). · cites it 28× “Section 76-3-304, MCA; Benson v. Pyfer, 240 Mont.”
Blazer v. Wall, 2008 MT 145 (Mont. 2008). · cites it 8× “We observed that under § 76-3-304, MCA, when land is sold with reference to a properly recorded plat, the plat becomes part of (i.”
Halverson v. Turner, 885 P.2d 1285 (Mont. 1994). · cites it 12× “Although the District Court's Order did not allude to an easement by operation of *1289 law, Jack Halverson's motion for summary judgment contended that an easement was created by operation of law, according to § 76-3-304, MCA, which provides in pertinent part: Where lands are…”
Our Lady of the Rockies, Inc. v. Peterson, 2008 MT 110 (Mont. 2008). · cites it 6× “We observed that under § 76-3-304, MCA, when land is sold with reference to a properly recorded plat, the plat becomes part of (i.”
Majers v. Shining Mountains, 711 P.2d 1375 (Mont. 1986). · cites it 6× “2d 889 , and noted that Section 76-3-304, MCA, which came into effect after the plats were filed, recognized the general principles involved.”
O'Keefe v. Hoa, 446 P.3d 509 (Mont. 2019). · cites it 3× “A conveyance of real property by reference to a record subdivision plat, certificate of survey (COS), or attached map incorporates the plat, certificate, or map into the instrument as if set forth therein in its entirety.”
Benson v. Pyfer, 783 P.2d 923 (Mont. 1989). · cites it 3× “Section 76-3-304, MCA, provides that when land is sold with reference to a properly recorded plat, the plat becomes part of the document conveying the interest in land.”
L & C Cnty. v. Wirth, 2022 MT 105 (Mont. 2022). · cites it 5× “¶22 Wirth argues the District Court erred by reading the second sentence of § 2.2 of the Covenants in isolation, and that it should be read as referring back to the first sentence which governs the permissible land use of a lot purchased from Declarant.”
Towsley v. Stanzak, 2022 MT 217 (Mont. 2022). · cites it 2× “O’Keefe, ¶ 18 (citing § 76-3-304, MCA). The instrument of conveyance and the referenced document(s) “must be sufficient together to express clear and unambiguous grantor intent to grant or reserve an easement in a manner that clearly and unambiguously describes or otherwise…”
Scherpenseel v. Bitney, 865 P.2d 1145 (Mont. 1993). · cites it 2× “” Section 11-3870(3), RCM, 1947, as amended, (now § 76-3-304, MCA) provided in 1975, and still provides that: The recording of any plat made in compliance with the provisions of this act [now referred to as chapter] shall serve to establish the identity of all lands shown on and…”
Cravath v. Ellingson, 2001 MT 23N (Mont. 2001). · cites it 2× “2d 817, 820 ; see also § 76-3-304, MCA. Both the Penwell Agreement and Deed Exhibit 273 clearly provide for a community access area.”
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