Montana § 25-13-823 Restraint Of Waste During Redemption Period

Montana Statutes

§ 25-13-823 — Restraint Of Waste During Redemption Period

Montana § 25-13-823

Title 25CIVIL PROCEDURE

Ch. 13EXECUTION OF JUDGMENT

Part 8Redemption of Real Property

This text of Montana § 25-13-823 (Restraint Of Waste During Redemption Period) 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. § 25-13-823 (2026).

Text

25-13-823 . Restraint of waste during redemption period. Until the expiration of the time allowed for redemption, the court may restrain the commission of waste on the property, by order granted with or without notice, on the application of the purchaser or the judgment creditor. However, it is not waste for the person in possession of the property at the time of sale or entitled to possession afterward, during the period allowed for redemption, to continue to use the property in the same manner in which it was previously used, to use it in the ordinary course of husbandry, to make the necessary repairs of buildings on the property, or to use wood or timber on the property for the repair of buildings on the property, for the repair of fences, or for fuel for the person's family while the p

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25-13-823 . Restraint of waste during redemption period. Until the expiration of the time allowed for redemption, the court may restrain the commission of waste on the property, by order granted with or without notice, on the application of the purchaser or the judgment creditor. However, it is not waste for the person in possession of the property at the time of sale or entitled to possession afterward, during the period allowed for redemption, to continue to use the property in the same manner in which it was previously used, to use it in the ordinary course of husbandry, to make the necessary repairs of buildings on the property, or to use wood or timber on the property for the repair of buildings on the property, for the repair of fences, or for fuel for the person's family while the person occupies the property.

Legislative History

En. Sec. 235, p. 182, L. 1867; re-en. Sec. 285, p. 89, Cod. Stat. 1871; re-en. Sec. 335, p. 131, L. 1877; re-en. Sec. 335, 1st Div. Rev. Stat. 1879; re-en. Sec. 346, 1st Div. Comp. Stat. 1887; re-en. Sec. 1239, C. Civ. Proc. 1895; re-en. Sec. 6842, Rev. C. 1907; re-en. Sec. 9447, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 706; re-en. Sec. 9447, R.C.M. 1935; R.C.M. 1947, 93-5839; amd. Sec. 467, Ch. 56, L. 2009.