70-17-211. Findings -- purpose. The legislature finds and declares that transfer fee covenants, as defined in 70-17-212, impair the marketability and transferability of real property by constituting an unreasonable restraint on alienation regardless of the duration of the covenants or the amount of the transfer fees. The purpose of 70-17-212 and this section is to prohibit transfer fee covenants from running with the title to real property or binding subsequent owners of the property under common law or equitable principles.
History: En. Sec. 1, Ch. 259, L. 2011.
Structure Montana Code Annotated
Chapter 17. Servitudes, Easements, and Covenants Running With the Land
Part 2. Covenants Running With the Land
70-17-202. Covenants specified in this part as exclusive
70-17-203. Covenants that run with land
70-17-204. Who bound by covenant
70-17-205. Nonliability for prior or subsequent breach
70-17-206. Apportionment of burdens and benefits
70-17-207. through 70-17-210 reserved