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Montana Real Estate Law Questions & Answers
1 Answer | Asked in Consumer Law and Real Estate Law for Montana on
Q: Am I understanding the “Modification of Protective Covenants” correctly?

The covenants for our subdivision state: “these protective covenants shall be binding upon all persons owning land in the subdivision. They shall be modifiable by a 2/3 vote of a majority of the owners of lots in the subdivision (one vote per lot).”

There are owners that own up to 3 or... Read more »

John Michael Frick
John Michael Frick
answered on Apr 12, 2023

It most likely means 21 lots must vote in favor.

Owners with more than a single lot can cast one vote per lot they own.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Montana on
Q: 6 siblings inherited land. 5 of 6 want to sell. Do all need to agree to sell or majority rule?

The 6th said he would purchase our shares but it would be at an incredibly low price

Anthony M. Avery
Anthony M. Avery
answered on Oct 26, 2022

You may need to file suit for a Sale For Partition.

1 Answer | Asked in Real Estate Law for Montana on
Q: How can i buy an abandoned house from a person who is deceased

My aunts bf died 3 years ago and the house has been abandoned since then no one has claimed ownership and 3 years of taxes are owed. It is in montana and i am wanting to know how i could go about buying the house

Anthony M. Avery
Anthony M. Avery
answered on Jan 4, 2021

Hire a competent MT attorney to search the Title, determine Heirship, and draft/record an Affidavit of Heirship. That will be your Source of Title but you will have to pay sufficient money to the Heirs to get their Deed. Or you might check when the Tax Sale will be. A possible successful bid... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Montana on
Q: if our parents died without a will, would the court order that their land be sold, or could my siblings and I decide

ourselves how to divide it?

Nina Whitehurst
Nina Whitehurst
answered on Oct 30, 2019

It depends somewhat on whether the property must be sold to pay debts and the expenses of probate.

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