Montana § 27-1-316 Breach Of Covenants In Grants Of Estates In Real Property

Montana Statutes

§ 27-1-316 — Breach Of Covenants In Grants Of Estates In Real Property

Montana § 27-1-316

Title 27CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

Ch. 1AVAILABILITY OF REMEDIES -- LIABILITY

Part 3Measure of Damages

This text of Montana § 27-1-316 (Breach Of Covenants In Grants Of Estates In Real Property) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 27-1-316 (2026).

Text

27-1-316 . Breach of covenants in grants of estates in real property.

(1)The detriment caused by the breach of a covenant of seisin, of right to convey, of warranty, or of quiet enjoyment in a grant of an estate in real property is considered to be:

(a)the price paid to the grantor or, if the breach is partial only, the proportion of the price that the value of the property affected by the breach bore at the time of the grant to the value of the whole property;

(b)interest on the portion of the price for the time during which the grantee derived no benefit from the property, not exceeding 5 years; and

(c)any expenses properly incurred by the covenantee in defending possession.

(2)The detriment caused by the breach of a covenant against encumbrances in a grant of an estate in real prop

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27-1-316 . Breach of covenants in grants of estates in real property. (1) The detriment caused by the breach of a covenant of seisin, of right to convey, of warranty, or of quiet enjoyment in a grant of an estate in real property is considered to be:
(a) the price paid to the grantor or, if the breach is partial only, the proportion of the price that the value of the property affected by the breach bore at the time of the grant to the value of the whole property;
(b) interest on the portion of the price for the time during which the grantee derived no benefit from the property, not exceeding 5 years; and
(c) any expenses properly incurred by the covenantee in defending possession.
(2) The detriment caused by the breach of a covenant against encumbrances in a grant of an estate in real property is considered to be the amount that has been actually expended by the covenantee in extinguishing either the principal or interest of the amount, not exceeding in the former case a proportion of the price paid to the grantor equivalent to the relative value at the time of the grant of the property affected by the breach as compared with the whole or, in the latter case, interest on a like amount.

Legislative History

(1)En. Sec. 4304, Civ. C. 1895; re-en. Sec. 6052, Rev. C. 1907; re-en. Sec. 8670, R.C.M. 1921; Cal. Civ. C. Sec. 3304; Based on Field Civ. C. Sec. 1844; re-en. Sec. 8670, R.C.M. 1935; Sec. 17-304, R.C.M. 1947; (2)En. Sec. 4305, Civ. C. 1895; re-en. Sec. 6053, Rev. C. 1907; re-en. Sec. 8671, R.C.M. 1921; Cal. Civ. C. Sec. 3305; Field Civ. C. Sec. 1845; re-en. Sec. 8671, R.C.M. 1935; Sec. 17-305, R.C.M. 1947; R.C.M. 1947, 17-304, 17-305; amd. Sec. 567, Ch. 56, L. 2009.