(e) If a notice of the right to claim a lien is required under this section, a person may not claim a construction lien pursuant to this part unless there is an unexpired notice of right to claim a construction lien or an unexpired continuation notice filed with the clerk and recorder at the time that the person files the lien. Montana requires a copy of the mechanics lien to be served on the property owner (must be given to each owner of record) prior to the recording of the lien with the county clerk and recorder for the county in which the property is located. Your dispute also may be governed by county, city, or home owner association rules that are not listed here. (6) A lien attaches when it is filed if it is for the preparation of plans, surveys, or architectural or engineering plans or drawings for any change in the physical condition of land or structures that are not used incident to producing a change in the physical condition of the real estate. Reserved Click Here to File a Montana Document. Electric/Telecommunications Lines operated by a utility company 4. A nonconsensual lien against real estate for improvements made thereon may not arise except as provided in this part. (2) The action must be commenced within the time allowed for the commencement of an action upon foreclosure of a lien, and the statute of limitations applicable to a lien foreclosure applies to an action upon the bond as it would had a bond not been filed. Stay up-to-date with how the law affects your life, Name Unless property owners agree otherwise, fences on a boundary line belong to both owners. If the work or improvement may be removed without harm to the rest of the real property, the lienholder may have the value determined, the work or improvement sold separately on foreclosure, and the proceeds delivered to the lienholder to satisfy the construction lien. (3) The bond must be conditioned that if the construction lien claimant is finally adjudged to be entitled to recover upon the claim upon which the construction lien is based, the principal or the principal’s sureties shall pay to the claimant the amount of the claimant’s judgment, together with any interest, costs, attorney fees, and other sums that the claimant would be entitled to recover upon the foreclosure of a construction lien against the principal. (3) If the improvement is to leased premises, the lien attaches to the improvement and to the leasehold term. Service must be made by personal service on each owner or by mailing a copy of the lien by certified mail with return receipt requested to each owner’s last-known address. Will the State Get Your Property? For this reason, most buyers in Montana are likely to insist on a closing date tha… Setbacks are to improve the living condition of the people within the zone. (b) If a price is not agreed upon by the contracting parties, the contract price means the reasonable value of all services or materials covered by the contract. Your property represents a significant investment of time and money, so it's natural to want to protect it from unintended visitors. Posted on by . These 8 Crazy Laws In Montana Will Leave You Scratching Your Head In Wonder. More importantly, how do they stay there? (1) A person who has furnished services or materials pursuant to a real estate improvement contract is entitled to a lien for the unpaid part of the person’s contract price, subject to the provisions of 71-3-524. Except as provided in subsection (4), it does not attach to the lessor’s interest unless the lessor contracted for or agreed to the improvement before it was begun. (1) A construction lien arising under this part has priority over any other interest, lien, mortgage, or encumbrance that may attach to the building, structure, or improvement or on the real property on which the building, structure, or improvement is located and that is filed after the construction lien attaches. This is FindLaw's hosted version of the Montana Code Annotated Title 70. Click Here to File a Montana Document. We understand COVID-19 impacts all aspects of our community. Montana Property Lien Statutes - Montana Mechanics Lien Law. Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. The purchaser shall remove the work or improvement within 45 days of the sale. (2)(a) If an improvement is located wholly on one or more platted lots belonging to the contracting owner, the lien applies to the improvement and to the lots on which the improvement is located. (8) At the request of any subcontractor or material supplier who may claim a lien through an original contractor providing services or materials to a contracting owner, the original contractor shall furnish to the requestor within 5 business days: (a) a street address or legal description sufficient to identify the real estate being improved; and (b) the name and address of the contracting owner. If your neighbor's fence or structure violates a local law, you need to appeal directly to a local agency for code compliance. The contracting owner is .... (insert name of the person who owns the real estate and name of the person who entered into the contract to improve it). Are you a legal professional? Whenever any indebtedness that is a lien upon any real estate, structure, building, or other improvement is paid and satisfied, it is the duty of the creditors to acknowledge satisfaction of the indebtedness in the same manner as a mortgage. The proper care and maintenance of your trees can go a long way toward keeping up friendly relations in your neighborhood. Equitable division does not mean marital property is divided equally, it is divided in manner that results in … Visit our professional site », Created by FindLaw's team of legal writers and editors Property lines and setbacks are essential facts that one has to clearly define as part of the plans for developing real property. Limitation of Lien for Materials Supplied], [ § 71–3–531. --CONSULT an attorney, a professional escrow company, or your mortgage lender. Here are some basic tree laws observed in Montana: A Montana man built a fence from old abandoned cars because he was mad at his neighbor for complaining about the state of his property. --LEARN more about the construction lien laws and the meaning of this notice by contacting an attorney or the firm sending this notice. 18-204. Microsoft Edge. The certification must state that service was made by delivery of certified mail. Montana Subdivision and Platting Act [76-3-201, MCA] 57 5 ... whether or not a road has been constructed on that property, and has dedicated the easement or private road for public use. If .... is not paid, a lien may be filed against the property. Substitution of Bond Allowed—Filing—Amount—Condition], [ § 71–3–552. Montana Property Lien Statutes - Montana Mechanics Lien Law The provisions of the Montana statutes that permit the filing of mechanics liens and materialman's liens can be found in Montana's Construction Lien Law, MCA § 71-3-521 et. Most of Montana is classified as open range, which means that the property owner is responsible for fencing neighboring livestock out. Consider the following: Local Ordinances and Zoning Rules Effecting Fences. Montana easement laws on property boundaries and lines for both real property and land. Reserved Click Here to File a Montana Document. house bill no. (4) The release must be signed by the person who filed the notice of the right to claim a lien or by a person authorized to sign for the person who filed the notice of the right to claim a lien. --WHEN PAYING your contractor for services or materials, you may make checks payable jointly to the contractor and the firm furnishing services or materials for which you have received a notice of the right to claim a lien. (2) “Construction lien” or “lien” means a lien against real estate arising under this part. If notice is not given within this period, a lien is enforceable only for the services or materials furnished within the 20-day period before the date on which notice is given. Click Here to File a Montana Document. Property. If the deed does not … A person who trims a tree belonging to another may be liable for damages if the tree is injured or killed. This chart highlights some of Montana's state laws relevant to property line and fence disputes. If you live in a community with a homeowner's association, your property may be subject to even more restrictions. Filing with County Clerk—Notification of Owner, [ § 71–3–537. Throughout this event, we will work hard to keep you updated on the impact COVID-19 has on taxation, alcoholic beverage control, and property assessment. All rights reserved. An attorney can help you understand your legal rights, and work on your behalf to resolve the dispute. If that doesn't work, Montana property line and fence laws can help resolve many common issues. If the notice is delivered personally to the contracting owner, written acknowledgment of receipt must be obtained from the contracting owner. Every state has a few bizarre “rules” that will most likely never need to be enforced. For example, if your neighbor constructs a fence that is too tall the local planning agency will likely not request its removal unless a complaint is filed. How do these crazy laws get on the books? When the proceeds of a foreclosure sale are not sufficient to pay all construction lien claimants in full, each claimant must receive a pro rata share of the proceeds based on the amount of the claimant’s respective lien. However, a lien for supplying tools, appliances, or machinery used on the improvement is limited as provided by subsection (3). If the tree is on the property line, both property owners share the value of the tree and are responsible for upkeep on their side of the boundary line. Click Here to File a Montana Document. If you want to read the law, Montana Code § § 72-2-118 and 72-2-124 cover parent-child relationships. All persons interested in the matter in controversy or in property charged with the lien or having liens thereon may be made parties. THIS IS NOT A LIEN. The neighbor injured by the fence is entitled to have the fence removed and seek monetary damages from the fence builder. If branches or roots belonging to a neighbor's tree hangs over your property, you have a right to trim it back to the property line (at your own expense). In a situation like this, by comparing deed copies, you can clearly make out where your property lines lie. There are some things to consider if you have a problem with a tree on a shared property line: (2) The following acts or events constitute completion of any work or improvement for the purpose of filing a notice of completion: (a) the written acceptance by the contracting owner, the contracting owner’s agent, or the representative of the building, improvement, or structure. Notice by certified mail is effective on the date on which the notice is mailed. (2) The delivery of materials to the site of the improvement, whether by the lien claimant or by another, creates a presumption that they were used in the course of construction or were incorporated into the improvement. If written by a corporate surety, the bond must be approved by a judge of the district court with which the bond is filed. I claim this lien against .... (give description of the real property against which the lien is claimed sufficient to identify it). Click Here to File a Montana Document. (1) A person’s lien does not attach and may not be enforced unless, after entering into the contract under which the lien arises, the person has filed a lien not later than 90 days after: (a) the person’s final furnishing of services or materials; or (b) the owner files a notice of completion pursuant to 71-3-533. Monuments and fences--mutual obligation of adjoining owners. This is known as a spite fence, and the Montana Supreme Court says this isn't legal. (3)(a) “Contract price” means the amount agreed upon by the contracting parties for performing services and furnishing materials covered by the contract, increased or diminished by: (i) the price of change orders or extras; (ii) any amounts attributable to altered specifications; or (iii) a breach of contract, including but not limited to defects in workmanship or materials. Bookmark the permalink. Eventually, the delinquent taxes, penalties, interest, and costs become a lien on the home. --OBTAIN EVIDENCE that all firms from whom you have received a notice of the right to claim a lien have been paid or have waived the right to claim a lien against your property. What is a property line? Montana law provides for a Notice of Right to Claim a Lien. 71-3-554 to 71-3-560. Google Chrome, To see a quick synopsis of the most important provisions, take a look at our Montana Frequently Asked Questions page. (A lien is a claim against your property to ensure you’ll pay the debt.) Click Here to File a Montana Document. If you believe your property rights are being interfered with, a local attorney may be able to help. Good neighbors should agree to split the cost of the repair of fences or common boundary walls. The issue of how close can I build to my property line depends on each area. Click Here to File a Montana Document. Click Here to File a Montana Document, (1) A construction lien extends to the interest of the contracting owner in the real estate, as the interest exists at the commencement of work or is subsequently acquired in the real estate, subject to the provisions of this section. Don't let a property dispute distract from the enjoyment of your home. (2) The clerk may not file the lien unless it is accompanied by a certification by the lien claimant or the claimant’s agent that a copy of the lien has been served upon each owner of record of the property named in the lien. the neighbors have split thier property in to two 40 acre pieces and are building a new boundary fence. The Montana Stream Access Law says that anglers, floaters and other recreationists in Montana have full use of most natural waterways between the high-water marks for fishing and floating, along with swimming and other river or stream-related activities. The production of caviar was only recently legalized. Depending on where you live in Montana, there may be city or county laws that impact your property dispute. Cancel. If your legal heirs do not agree amongst themselves to a specific division of your property, then it may be necessary to sell property in order to achieve the distribution of value required by law. Thus, all persons are to adhere to it. We recommend using (5) The notice of the right to claim a lien must be sent to the contracting owner by certified mail or delivered personally to the owner. (3) The notice must contain the following information: (a) date of mailing; (b) owner’s name; (c) owner’s address; (d) name of person filing notice; (e) address of person filing notice; (f) a description sufficient to identify the property that is being improved; and (g) the following notice: NOTICE OF THE RIGHT TO CLAIM A LIEN WARNING: READ THIS NOTICE. Against.... ( give description of the filing of Bond Allowed—Filing—Amount—Condition ], [ § 71–3–553 lapses. 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