Montana § 70-1-512 Constructive Delivery

Montana Statutes

§ 70-1-512 — Constructive Delivery

Montana § 70-1-512

Title 70PROPERTY

Ch. 1PROPERTY IN GENERAL REAL AND PERSONAL

Part 5Transfer of Property Grants and Their Interpretation

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Bluebook

Mont. Code Ann. § 70-1-512 (2026).

Text

70-1-512 . Constructive delivery. Though a grant is not actually delivered into the possession of the grantee, it is considered constructively delivered in the following cases:

(1)when the instrument is, by the agreement of the parties at the time of execution, understood to be delivered and under circumstances that the grantee is entitled to immediate delivery; or

(2)when it is delivered to a stranger for the benefit of the grantee and the grantee's assent is shown or may be presumed.

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70-1-512 . Constructive delivery. Though a grant is not actually delivered into the possession of the grantee, it is considered constructively delivered in the following cases:
(1) when the instrument is, by the agreement of the parties at the time of execution, understood to be delivered and under circumstances that the grantee is entitled to immediate delivery; or
(2) when it is delivered to a stranger for the benefit of the grantee and the grantee's assent is shown or may be presumed.

Legislative History

En. Sec. 1457, Civ. C. 1895; re-en. Sec. 4601, Rev. C. 1907; re-en. Sec. 6848, R.C.M. 1921; Cal. Civ. C. Sec. 1059; Field Civ. C. Sec. 470; re-en. Sec. 6848, R.C.M. 1935; R.C.M. 1947, 67-1514; amd. Sec. 2056, Ch. 56, L. 2009.