Montana § 70-17-203 Covenants That Run With Land

Montana Statutes

§ 70-17-203 — Covenants That Run With Land

Montana·Title 70 PROPERTY·Ch. 17 SERVITUDES, EASEMENTS, AND COVENANTS RUNNING WITH THE LAND·Part 2 Covenants Running With the Land

70-17-203 . Covenants that run with land.

(1)Except as provided in 70-1-522 and 70-17-212 , every covenant contained in a grant of an estate in real property that is made for the direct benefit of the property or some part of the property then in existence runs with the land.

(2)Subsection (1) includes:

(a)covenants of warranty, for quiet enjoyment, or for further assurance on the part of the grantor and covenants for the payment of rent or of taxes or assessments upon the land on the part of a grantee;

(b)conservation easements pursuant to 76-6-209 ;

(c)a dedication of open space as provided in 76-3-509 ; and

(d)wind easements pursuant to Title 70, chapter 17, part 4.

(3)A covenant for the addition of some new thing to real property or for the direct benefit of some part of the pro

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70-17-203 . Covenants that run with land. (1) Except as provided in 70-1-522 and 70-17-212 , every covenant contained in a grant of an estate in real property that is made for the direct benefit of the property or some part of the property then in existence runs with the land.
(2) Subsection (1) includes:
(a) covenants of warranty, for quiet enjoyment, or for further assurance on the part of the grantor and covenants for the payment of rent or of taxes or assessments upon the land on the part of a grantee;
(b) conservation easements pursuant to 76-6-209 ;
(c) a dedication of open space as provided in 76-3-509 ; and
(d) wind easements pursuant to Title 70, chapter 17, part 4.
(3) A covenant for the addition of some new thing to real property or for the direct benefit of some part of the property not then in existence or annexed to the property, when contained in a grant of an estate in the property and made by the covenantor expressly for the covenantor's assigns or to the assigns of the covenantee, runs with the land so far as the assigns mentioned are concerned.

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Legislative History

En. Secs. 1985, 1986, 1987, Civ. C. 1895; re-en. Secs. 4916, 4917, 4918, Rev. C. 1907; re-en. Secs. 7418, 7419, 7420, R.C.M. 1921; Cal. Civ. C. Secs. 1462, 1463, 1464; Field Civ. C. Secs. 693, 694, 695; re-en. Secs. 7418, 7419, 7420, R.C.M. 1935; R.C.M. 1947, 58-306, 58-307, 58-308; amd. Sec. 2, Ch. 352, L. 2007; amd. Sec. 3, Ch. 307, L. 2009; amd. Sec. 1, Ch. 137, L. 2011; amd. Sec. 9, Ch. 249, L. 2011; amd. Sec. 3, Ch. 259, L. 2011.