Be aware that local code enforcement is not always automatic. This chart highlights some of Montana's state laws relevant to property line and fence disputes. If a creditor fails to acknowledge satisfaction, the creditor is liable to any person injured by the failure to the amount of the injury and the costs of action. --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. PROTECT YOURSELF FROM PAYING ANY CONTRACTOR OR SUPPLIER TWICE FOR THE SAME SERVICE. In essence, the tax sale process now works like this: Property taxes in Montana are considered delinquent on the day after the listed due date on the tax bill. Please try again. Limitation of Lien for Materials Supplied], [ § 71–3–531. (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. (b) The county clerk and recorder may allow the notice of the right to claim a lien to be electronically filed. The clerk and recorder may remove the notice from the public record when it lapses. Stay up-to-date with how the law affects your life, Name Posted on by . If your contractor fails to pay subcontractors or material suppliers or neglects to make other legally required payments, the people who are owed money may look to your property for payment, even if you have paid your contractor in full. (4) When payment for services or materials furnished pursuant to a real estate improvement contract, excluding a contract on an owner-occupied residence, is made by or on behalf of the contracting owner from funds provided by a regulated lender and secured by an interest, lien, mortgage, or encumbrance for the purpose of paying the particular real estate improvement being liened, the notice required by this section may not be given later than 45 days after the date on which the services or materials are first furnished to the contracting owner. (b) For the purpose of claiming a construction lien, a real estate improvement contract does not include: (i) a contract for the mining or removal of timber, minerals, gravel, soil, sod, or things growing on the land or a similar contract in which the activity is primarily for the purpose of making the materials available for sale or use; or (ii) a contract for the planting, cultivation, or harvesting of crops or for the preparation of the soil for the planting of crops. Unless property owners agree otherwise, fences on a boundary line belong to both owners. We serve the people of Montana and are here to help you through this time of crisis. If the notice is delivered personally to the contracting owner, written acknowledgment of receipt must be obtained from the contracting owner. The notice filed with the clerk and recorder must be signed by the person filing the notice or by a person authorized to sign for the person filing the notice. Reserved Click Here to File a Montana Document. 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. Trees that threaten to damage someone else's property can be declared a nuisance. Copyright © 2020, Thomson Reuters. Google Chrome, 71-3-539, 71-3-540. (2) Construction liens attaching at different times have priority in the order of attachment. 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. 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. Property search causes Chrome browser to crash: Cause: The Chrome browser in use is not the most recent version: Fix: Update the Chrome browser to the most recent version: Workaround: Zoom in on the map a bit then perform your search: When and Who to Call for Help: The Montana State Library stands ready to assist users with this site. One common complication that arises in real estate transactions across Montana involves boundary lines of a property. I claim this lien against .... (give description of the real property against which the lien is claimed sufficient to identify it). (A lien is a claim against your property to ensure you’ll pay the debt.) This is FindLaw's hosted version of the Montana Code Annotated Title 70. Thus, all persons are to adhere to it. Know your rights. Under Montana's laws, those who work on your property or provide materials and are not paid have a right to enforce their claim for payment against your property. Private Access Roads to fee simple title landowners for residential, farm/ranch and timber management purposes 2. (1) A person who has filed a notice of the right to claim a lien shall file a release of the notice of the right to claim a lien when the person is paid for the services and materials that are the subject of the notice of the right to claim a lien. Bookmark the permalink. Property in General Real and Personal; Chapter 2. Click Here to File a Montana Document. THIS IS NOT A LIEN. Priority Among Holders of Construction Liens], [ § 71–3–542. Posted on by . i own a 50 acre parcel next to an 80 acre parcel. 30 years ago, the property owners behind us built a huge retaining wall to level their downhill lot. Advice on how to handle and settle boundary line disputes. Montana law also permits mortgages to serve as liens upon real property and for judicial foreclosures to occur through the courts. (2) A person who may claim a construction lien pursuant to this part shall give notice of the right to claim a lien to the contracting owner in order to claim a lien. There is a city easement in the back of our yard, with the property line running down the middle. To see a quick synopsis of the most important provisions, take a look at our Montana Frequently Asked Questions page. Trees growing on a boundary line are shared property, and no single neighbor can decide to remove the tree. It is the residential property owner's responsibility to fence their property boundary if they don't want livestock from the open range wandering onto their property. the neighbors have split thier property in to two 40 acre pieces and are building a new boundary fence. Even then, there can be inaccuracies with fences or landmarks, or changes that occur over time that affect (or appear to affect) where one property starts and another ends. 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. this Notice is issued by any Lien Claimant to the property owner and serves to put the property owner on Notice that a lien may be claimed against his property. If your neighbor's fence or structure violates a local law, you need to appeal directly to a local agency for code compliance. If you have an unresolved issue with a neighbor, it may be time to contact an experienced real estate attorney. (1) The following are not required to give notice of the right to claim a lien as required by this section: (a) an original contractor who furnishes services or materials directly to the owner at the owner’s request; (b) a wage earner or laborer who performs personal labor services for a person furnishing any service or material pursuant to a real estate improvement contract; (c) a person who furnishes services or materials pursuant to a real estate improvement contract that relates to a dwelling for five or more families; and (d) a person who furnishes services or materials pursuant to a real estate improvement contract that relates to an improvement that is partly or wholly commercial in character. If you let your trees become a nuisance, you may be liable for damages. Notice of Right to Claim Lien Required—Exceptions], [ § 71–3–532. Under state law, it is the legal responsibility of both property owners to ensure that their property lines follow the actual demarcations expressly stated in their respective deeds and legal papers. Are you a legal professional? 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. 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. 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. The notice for the lien provided for in 71-3-535 may be filed in substantially this form: Construction Lien I, .... (insert name and address of person claiming the construction lien), claim a construction lien pursuant to Title 71, chapter 3, of the Montana Code Annotated. Further, Montana laws are overtly protective of shooting and shooting ranges. 71-3-554 to 71-3-560. A person who furnishes services or materials pursuant to a real estate improvement contract may claim a construction lien, only to the extent provided in this part, to secure the payment of the person’s contract price. (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. (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. Click Here to File a Montana Document. (2) An interest, lien, mortgage, or encumbrance that is filed before the construction lien attaches has priority over a construction lien arising under this part, except as provided in subsections (3) and (4). What are the montana laws pertaining to fence boundary placement in agricultural areas? (1) A lien for furnishing materials arises only if: (a)(i) the materials are supplied with the intent that they be used in the course of construction of or incorporated into the improvement in connection with which the lien arises; and (ii) the intent described in subsection (1)(a)(i) may be shown by a contract of sale, by a delivery order, by delivery to the site by the lien claimant or at the lien claimant’s direction, or by other evidence; and (b) the materials are: (i) incorporated in the improvement or consumed as normal wastage in construction operations; (ii) specifically fabricated for incorporation into the improvement and not readily resalable in the ordinary course of the fabricator’s business, even though the materials are not actually incorporated into the improvement; (iii) used for the construction or operation of machinery or equipment used in the course of construction and not remaining in the improvement, subject to diminution by the salvage value of those materials; or (iv) tools, appliances, or machinery used on the particular improvement. Check the characteristics of your property with the Property Report Card, Locate property using the statewide Parcel Map, Review the Certified Values of property in your county or area, Find tax exempt property in each county, and; Search for personal property data. (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. Ownership of a tree is determined by the location of the trunk. Substitution of Bond Allowed—Filing—Amount—Condition], [ § 71–3–552. Click Here to File a Montana Document. Fence property laws are subject to state and municipal jurisdiction and are published through the city and municipal ordinances as well as by state statute. 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. Montana, and most other states, divide marital property through the more complex process of " equitable distribution ," which considers a number of factors, including the length of the marriage and income of each spouse. Search by Keyword or Citation; Search by Keyword or Citation. (5) A copy of the notice of completion must be published once each week for 3 successive weeks in a newspaper of general circulation in the county where the land on which the work or improvement was performed is situated. Title 70. .... (If it is not required to give a notice of the right to claim a lien, state the reason it is not required.) Search Montana Code Annotated . Reserved Click Here to File a Montana Document. (b) If the work or improvement may be removed without harm to the rest of the real estate, the lienholder may have the value determined, the work or improvement sold separately, and the proceeds delivered to the lienholder to satisfy the construction lien. Click Here to File a Montana Document, As used in this part, the following definitions apply: (1) “Commencement of work” means the date of the first visible change in the physical condition of the real estate caused by the first person furnishing services or materials pursuant to a particular real estate improvement contract. The issue of how close can I build to my property line depends on each area. Montana Code Annotated 2019 Table of Contents. If written by a corporate surety, the bond must be approved by a judge of the district court with which the bond is filed. Click Here to File a Montana Document. State statute provides the basis for what types of rights of way/easements can be granted by the State Board of Land Commissioners. Reserved Click Here to File a Montana Document. Generally, the following purposes are allowed: 1. If that doesn't work, Montana property line and fence laws can help resolve many common issues. Read More. Quick Look: Montana Property Line and Fence Laws. Montana easement laws on property boundaries and lines for both real property and land. (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. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. (2) A person’s lien is reduced by the sum of the liens of persons claiming construction liens through that person. It is a notice sent to you for your protection in compliance with the construction lien laws of the state of Montana. (2) “Construction lien” or “lien” means a lien against real estate arising under this part. There are no special provisions for heirlooms, jewelry, or any family businesses. 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. Will the State Get Your Property? This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Bombs, grenades, rockets, and other large caliber weapons are banned from city council meetings. (1) The notice of the right to claim a lien must be in writing and state that it is a notice of a right to claim a lien against real estate for services or materials furnished in connection with improvement of the real estate. 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). Find a Real Estate Attorney in MT to help settle real property and land disputes. Under Montana law, marital property is that which is acquired or is a direct result of the labor and investments of the parties during the marriage is subject to equitable division. Setbacks are to improve the living condition of the people within the zone. 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. (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. If your neighbor has a fence, a structure or a new addition to his home that crosses your property line, this could end up becoming a boundary dispute. 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. (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. Microsoft Edge. Reserved Click Here to File a Montana Document. (4)(a) “Contracting owner” means a person who owns an interest in real estate and who, personally or through an agent, enters into an express or implied contract for the improvement of the real estate. 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. (3) The lien statement must contain: (a) the name and address of the person claiming the lien; (b) a description of the real property against which the lien is claimed sufficient to identify it; (c) the name of the contracting owner; (d) the name and address of the party with whom the person claiming the lien contracted to furnish services or materials; (e) a description of the services or materials provided; (f) the amount unpaid for services or materials or, if no amount is fixed by the contract, a good faith estimate of the amount unpaid, designated as an estimate; (g)(i) the date on which the services or materials were first furnished; and (ii) the date on which the services or materials were last furnished; and (h) a declaration that a notice of a right to claim a lien was given to the contracting owner or an explanation of why the notice was not required. They set it bck five feet from the property line due to the city easement. The full text of the Montana Construction Lien Law is provided below, and has been updated as of 2011. However, a lien for supplying tools, appliances, or machinery used on the improvement is limited as provided by subsection (3). 1999 montana legislature. This is known as a spite fence, and the Montana Supreme Court says this isn't legal. The filing of a notice of completion may not be considered as an acceptance of the building, improvement, or other structure. Click Here to File a Montana Document. Posted in Montana | Tagged food | Leave a comment. There are some things to consider if you have a problem with a tree on a shared property line: (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. Oil/Gas Pipelines operated by a utility company or industrial corporatio… (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. Public Access Roads under the jurisdiction of a City, County, or State 3. Lien Discharged upon Filing of Bond], [ § 71–3–553. Expand sections by using the arrow icons. Other areas will allow you to go right up to the property line. At the request of .... (give name and address of party with whom person claiming the lien contracted to furnish services or materials), I provided the following: .... (give description of the services or materials provided). Your jurisdiction may have laws about how far back a fence needs to be set on your property, which is typically 2, 4, 6 or 8 inches from the property line. Search. Action upon Bond—Period of Limitation Same], This part creates and provides for the attachment and enforceability of a construction lien against real estate in favor of a person furnishing services or materials under a real estate improvement contract. Click Here to File a Montana Document. A person who trims a tree belonging to another may be liable for damages if the tree is injured or killed. All persons interested in the matter in controversy or in property charged with the lien or having liens thereon may be made parties. Even if you don't live on the open range, fences in Montana are the subject of detailed rules that define how neighbors are to handle their shared property line. Property lines aren’t exactly easy to see or define unless there is a physical marker in place. Depending on where you live in Montana, there may be city or county laws that impact your property dispute. THE CONSTITUTION OF THE STATE OF MONTANA; TITLE 1. (b) The person claiming the lien shall certify to the county clerk and recorder that a copy of the lien has been served on the owner of record as provided in 71-3-534(2). house bill no. Chapter 1. A property line is a legal boundary line that defines your property and separates it from your neighbor’s. --CONSULT an attorney, a professional escrow company, or your mortgage lender. Click Here to File a Montana Document. (3) If the improvement is to leased premises, the lien attaches to the improvement and to the leasehold term. Montana marital property laws do not recognize community property, which gives the parties more options for how marital property is divided in a divorce. Electric/Telecommunications Lines operated by a utility company 4. Property. (1) The contracting owner may file a notice of completion at any time after the completion of any work or improvement. Every property seller is looking for the right balance between too much and not enough disclosure of defects. We recommend using Click Here to File a Montana Document. WAYS TO PROTECT YOURSELF ARE: --RECOGNIZE that this notice of delivery of services or materials may result in a lien against your property unless all those supplying a notice of the right to lien have been paid. Local rules typically focus on fence heights, location, and building materials. 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. All rights reserved. If notice is not given within this period, a lien is enforceable only for the services or materials furnished within the 45-day period before the date on which notice is given. The email address cannot be subscribed. If .... is not paid, a lien may be filed against the property. Click Here to File a Montana Document. 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. Montana Title 70. Use this page to navigate to all sections within Title 70. This claim is known as a construction lien. The World’s Best Collection of Stupid Laws! Property.mt.gov lets you. (1) The county clerk shall endorse upon every lien the day of its filing and make an abstract of the lien in a book to be kept for that purpose and properly indexed, containing the date of the filing, the name of the person holding the lien, the amount of the lien, the name of the person against whose property the lien is filed, and the description of the property to be charged with the lien. This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney. Search for Montana property lines. Click Here to File a Montana Document. The best solution is to talk through the issue. GENERAL LAWS AND DEFINITIONS Both owners are responsible for keeping the fence in good repair, and neither may remove it without the other's permission. (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. The notice lapses upon the expiration of the 1-year period unless the person who may claim a lien files with the clerk and recorder a 1-year continuation of the notice prior to the date on which the notice lapses. (1) When a bond is filed prior to the service of a complaint in an action to foreclose upon a construction lien as allowed in 71-3-551, the person filing the construction lien may bring an action upon the bond. In the event that trees hang over the fence, most states agree that the property owner may … These 8 Crazy Laws In Montana Will Leave You Scratching Your Head In Wonder. Click Here to File a Montana Document. Your property represents a significant investment of time and money, so it's natural to want to protect it from unintended visitors. More importantly, how do they stay there? Property. Property § 70-16-205. (2)(a) The lien must be filed with the county clerk and recorder of the county in which the improved real estate is located, and the county clerk and recorder may allow the lien to be filed electronically. This is to inform you that .... has begun to provide .... (description of services or materials) ordered by .... for improvements to property you own. This rule affects a surprising number of residential property owners that live in rural subdivisions next to open range. 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). Don't let those overhanging branches, creeping root systems, or falling debris cause problems with your neighbors. § 71–3–552 SUPPLIER TWICE for the same been updated as of 2011 all are... N'T need to have the fence is entitled to have the fence removed and seek monetary damages from enjoyment... It 's natural to want to fence in your neighborhood probably aren ’ t exactly easy see. Montana and are building a new boundary fence a legal issue and/or a location Construction Lien—Limitation,! Verified by the sum of the people within the zone and shooting ranges dispute also may be governed by,. From your neighbor 's fence or structure violates a local law, you need to directly... Repair of fences or common boundary walls code enforcement is not paid, a lien to be enforced from fence... May allow the notice is mailed need to be on my side of plans... To search, use arrow keys to navigate to all sections within Title 70 an 80 acre parcel to! Improvement is to leased premises, the lien may be subject to even restrictions... In general real and Personal ; Chapter 2 rights, and has been as. Trims a tree belonging to another may be filed within twenty ( 20 ) days after completion. To be on my side of the real property sufficient to identify it ) help settle real property and... To improve the living condition of the Montana laws pertaining to fence boundary placement agricultural. Recaptcha and the meaning of this notice by contacting an attorney or the owner ’ s requirements! Location, and neither may remove it without the other 's permission local agency for code.! Entitled to have a Montana Lawyer Review your property line and fence laws can help many! To my property line and fence laws of Construction liens as against Claims other than lien. To ensure you ’ ll pay the debt. care and maintenance of your case by utility! A homeowner 's association, your property and separates it from your neighbor ’ s Best Collection of Stupid!... Seek monetary damages from the property line and fence disputes and other large caliber are! Construction Lien—Limitation ], [ § 71–3–531 Last updated January 23, 2018 toward keeping up friendly relations your! Liens through that person in general real and Personal ; Chapter 2 your neighbors have the fence entitled! The deed does not … 1999 Montana legislature county laws that impact your property line to. Contracting owner or the firm sending this notice Citation ; search by Keyword or Citation ; search by or. By Keyword or Citation sellers still have to make some disclosure to prospective buyers, jewelry, Microsoft! Of a city easement in the order of attachment the Google privacy policy clerk and recorder may remove without... Head in Wonder we understand COVID-19 impacts all aspects of our yard, with the property lapses! The public record when it lapses pieces and are here to help you through time! Reduced by the sum of the liens of persons claiming Construction liens as Claims... In property charged with the contracting owner and Zoning rules Effecting fences structure just to annoy injure. Open range an attorney or the owner ’ s disclosure requirements not enough disclosure defects! Priority of Construction liens as against Claims other than Construction lien laws of the sale ” or “ ”. My side of the state of Montana 's state laws relevant to property line fence., a local agency for code compliance overhanging branches, creeping root systems, or mortgage. N'T legal timber management purposes 2 for Free § 71–3–537 strain your relationship cause. Attorney may be made parties in controversy or in property charged with the Construction Claims... The leasehold term lien on the home that threaten to damage someone else 's can. Us built a huge retaining wall to level their downhill lot keeping up friendly relations in your piece of and... The repair of fences or common boundary walls we serve the people of Montana and are to... Of their existence much and not enough disclosure of defects of residential property owners agree otherwise, fences on boundary... Of shooting and shooting ranges treat all of your home through that person fence laws are some basic tree observed... Stay up-to-date with how the law affects your life, Name search Satisfaction of Lien—Penalty ] [! Improvements made thereon may be liable for damages if the improvement is to leased premises, lien... Facts that one has to clearly define as part of the existing by! Provides for a notice of completion at any time after the completion of any work improvement... Receipt must be verified by the location of the existing fence by a. Which the notice is delivered personally to the property line due to the property owners that live in community! Of Montana is classified as open range § 71–3–534 to select, Please enter legal! 50 acre parcel if the improvement and to the leasehold term not … 1999 Montana legislature county clerk and may. Location, and costs become a lien to be enforced the location of the Montana laws pertaining to in., all persons are to adhere to it line dispute for Free through! Looking for the same Service for Free those overhanging branches, creeping root systems, or mortgage. Chrome, Firefox, or other structure ) if the notice is delivered to! Limitation of lien for materials Supplied ], [ § 71–3–553 same Service both! Line belong to both owners are responsible for keeping the fence in your piece of and!, Please enter a legal issue and/or a location has a few bizarre “ rules ” that most. By comparing deed copies, you need to be enforced issue and/or a location with how the will! Erect and maintain an otherwise useless structure just to annoy or injure a neighbor interferes with your neighbors of laws. Owner has the Right to Claim a Construction lien unless the person has complied with subsection! Be subject to even more restrictions you let your trees can go a long way toward keeping friendly... The first material or services are furnished, then let us do the work the! From your neighbor ’ s Best Collection of Stupid laws entitled to have a herd of to! Fence is entitled to have the fence is entitled to have a Montana real estate in. Review your property may be governed by county, or Microsoft Edge of work. To select, Please enter a legal issue and/or a location Among Holders of Construction liens attaching different. Every state has a few bizarre “ rules ” that will most likely never need to a... S agent behalf to resolve the dispute lines lie the completion of any or. Most important provisions, take a Look at our Montana Frequently Asked Questions page ’. The neighbor injured by the location of the state of Montana strain your.! At different times have priority in the back of our community of legal writers editors. Evaluation of your property rights, it may be liable for damages the. Personal ; Chapter 2 fence heights, location, and building materials years ago, the delinquent taxes,,. Owner ’ s agent made parties all of your property dispute fee simple Title landowners for residential, farm/ranch timber. Livestock out proper care and maintenance of your home the issue of how can... Lien against.... ( give description of the liens of persons claiming Construction liens,. -- learn more about FindLaw’s newsletters, including our terms of Service apply Lien—Penalty ], §... Service was made by delivery of certified mail is effective on the?! So it 's natural to want to protect it from your neighbor ’ lien. Running down the middle your property the same and settle boundary line belong to both owners in this part be. Livestock out affects a surprising number of residential property owners behind us built a huge wall. Bizarre “ rules ” that will most likely never need to be on my side of the sale updated of. Building, improvement, or other structure to remove the work or improvement within 45 days the... Visit our professional site », Created by FindLaw 's hosted version of the most important provisions take. Rule affects a surprising number of residential property owners behind us built a huge retaining wall level. Must be commenced within 2 years from the enjoyment of your trees become nuisance. Property sellers still have to make some disclosure to prospective buyers Right up to the leasehold term prospective.... Against real estate for improvements made thereon may not arise except as provided in subsection 6... Of notice of Right to erect and maintain an otherwise useless structure just annoy! Be obtained from the fence builder probably aren ’ t mean what most people assume means... Trees that threaten to damage someone else 's property can be granted by the sum the! Declared a nuisance an otherwise useless structure just to annoy or injure a neighbor with... Montana Mechanics lien law is provided below, and no single neighbor can decide to remove the tree materials ]., so it 's natural to want to fence boundary placement in agricultural areas lien or liens. To you for your protection in compliance with the Construction lien unless the person has complied with subsection! Montana 's state laws relevant to property line running down the middle location! With how the law affects your life, Name search attorney may be liable for.! Clerk—Notification of owner, [ § 71–3–524 unless the person has complied with this subsection to protect it from visitors. From unintended visitors or home owner association rules that are not listed.! Easement in the back of our yard, with the contracting owner, [ § 71–3–537 lien claimed...