70-20-301. Fee simple presumed to pass. A fee simple title is presumed to be intended to pass by a grant of real property unless it appears from the grant that a lesser estate was intended.
History: En. Sec. 1511, Civ. C. 1895; re-en. Sec. 4619, Rev. C. 1907; re-en. Sec. 6866, R.C.M. 1921; Cal. Civ. C. Sec. 1105; re-en. Sec. 6866, R.C.M. 1935; R.C.M. 1947, 67-1608.
Structure Montana Code Annotated
Chapter 20. Transfer of Real Property
70-20-301. Fee simple presumed to pass
70-20-302. After-acquired title to pass by operation of law
70-20-303. Grant conclusive -- exception for good faith purchaser
70-20-304. Implied covenants -- free from encumbrance
70-20-305. Encumbrance defined
70-20-306. Responsibility of heirs of covenantor -- certain warranties abolished
70-20-307. Transfer of land bounded by highway -- what passes
70-20-308. Easements to pass with property
70-20-309. Transfer of owner ousted of possession -- effect
70-20-310. Conveyance in joint tenancy -- right of survivorship
70-20-311. Grant on condition subsequent
70-20-312. Grant on condition precedent
70-20-313. Grant by owner for life or years
70-20-314. Grant of property occupied by tenant
70-20-315. Validation of unacknowledged deeds
70-20-316. Deeds made prior to 1900 -- presumption grantor had no wife