70-20-304. Implied covenants -- free from encumbrance. (1) The use of the word "grant" in any conveyance by which an estate of inheritance or fee simple or possessory title is to be passed implies only the following covenants and none other on the part of the grantor for the grantor and the grantor's heirs to the grantee and the grantee's heirs and assigns unless restrained by express terms contained in the conveyance:
(a) that prior to the time of the execution of the conveyance the grantor has not conveyed the same estate or any right, title, or interest in that estate to any person other than the grantee; and
(b) that the estate is at the time of the execution of the conveyance free from encumbrances done, made, or suffered by the grantor or any person claiming under the grantor.
(2) The enumerated covenants may be sued upon in the same manner as if they had been expressly inserted in the conveyance.
History: En. Sec. 50, p. 487, Bannack Stat.; re-en. Sec. 50, p. 404, Cod. Stat. 1871; re-en. Sec. 227, 5th Div. Rev. Stat. 1879; re-en. Sec. 285, 5th Div. Comp. Stat. 1887; amd. Sec. 1519, Civ. C. 1895; re-en. Sec. 4627, Rev. C. 1907; re-en. Sec. 6874, R.C.M. 1921; Cal. Civ. C. Sec. 1113; re-en. Sec. 6874, R.C.M. 1935; R.C.M. 1947, 67-1616; amd. Sec. 2148, Ch. 56, L. 2009.
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