Montana Statutes
§ 71-1-209 — Recording Defeasance Necessary To Affect Grant
71-1-209 . Recording defeasance necessary to affect grant. When a grant of real property purports to be an absolute conveyance but is intended to be defeasible on the performance of certain conditions, the grant is not defeated or affected as against any person other than the grantee or the grantee's heirs or devisees or persons having actual notice unless an instrument of defeasance, duly executed and acknowledged, has been recorded in the office of the county clerk of the county where the property is situated.
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Legislative History
En. Sec. 3843, Civ. C. 1895; re-en. Sec. 5750, Rev. C. 1907; re-en. Sec. 8265, R.C.M. 1921; Cal. Civ. C. Sec. 2950; re-en. Sec. 8265, R.C.M. 1935; R.C.M. 1947, 52-204; amd. Sec. 2241, Ch. 56, L. 2009.
Nearby Sections
15
§ 71-1-101
Definition§ 71-1-102
Power Of Attorney To Execute§ 71-1-104
Mortgage Not A Personal Obligation§ 71-1-105
Mortgagee Not Entitled To Possession§ 71-1-106
Waste Prohibited§ 71-1-107
Transfers Of Interest§ 71-1-108
Subsequently Acquired Title§ 71-1-109
Mortgage Of Property Adversely Held§ 71-1-111
Power Of Sale§ 71-1-112
Applicable Laws§ 71-1-113
Limit On The Amount Of Funds On Reserve§ 71-1-114
Exception To Limitation§ 71-1-115
Record Of Reserve Fund Required