Montana Real Estate Lawyers
In Montana, real estate law is a very broad area of law governing anything that has to do with the ownership of land and buildings.
Real estate law can apply to many numerous facets of a personal and professional life. It can apply to anything from the purchase of a vacant lot, to renting prime downtown office space.
Montana real estate law can be very intricate, because it's really a collection of a lot of different areas of law. These areas of law include property rights, contracts, land use, and many others.
Having a good general knowledge of Montana real estate law can make a lot of transactions, such as purchasing a house or renting an apartment, much easier.
Find Real Estate Lawyers and Law Firms in the Largest MT Cities
Common Real Estate Issues in Montana
Financing: Most people in Montana probably can't afford to buy a house or a piece of land up front. Consequently, most individuals and business use some form of financing to purchase real estate, typically a mortgage. A mortgage is a loan used to buy a piece of real estate, with the purchased real estate simultaneously securing the loan.
Disclosure: When a house or other building is being sold, it's possible that there will be some physical defects in the structure. Potential buyers generally have a right to know about these defects, which means that sellers have to disclose them. Generally, if the defect is one that the seller knows about, and the buyer probably couldn't discover it through a normal inspection, the seller has to disclose it. Really, though, it's a good idea for sellers to disclose every defect they know about, whether or not they believe disclosure is technically required as to a specific defect.
Warranty of Habitability: When renting property to be utilized as a dwelling, the landlord, as a matter of law, implicitly promises that the dwelling will be suitable for human habitation. It doesn't matter what the lease says on this subject - it's always a requirement. Thus, a rented unit must have the basic amenities required for modern life - it must provide adequate shelter from the weather, it must have running water, it must have heating, and it must have electricity. Of course, there are many more particular requirements, and a court will also look at the condition of the unit as a whole when deciding whether or not it is habitable.
Zoning Laws: Zoning laws dictate what kinds of buildings can be placed on lots in certain parts of a town or city. Their purpose is to confirm, for example, that sewage treatment plants don't get built next to homes, or that noisy, polluting factory doesn't get built next to a daycare center. To this end, they "zone" sections of the locality for numerous uses, such as residential, industrial, commercial, etc. If you are buying a piece of vacant land, it's essential that whatever use you intend to make of it is compatible with Montana's zoning laws.
Do I Need a Montana Real Estate Lawyer?
These issues, and the others that can affect real estate transactions, can be pretty difficult. Therefore, it's a good idea to contact a Montana real estate lawyer to advise you on the laws affecting your real estate transaction, or any other projects you may be planning.
Montana is a western U.S. state famous for its mountain ranges. In fact, the state contains over 70 of the named ranges of the Rocky Mountains. Montana has several unofficial nicknames such as "Land of the Shining Mountains". It is often chosen as the setting for films involving America's "great outdoors". Millions of tourists visit Montana yearly for its numerous National parks and monuments.
Montana laws are overseen by the Montana State Legislature. The state of Montana has historically been a major influence in the area of women's rights laws. For example, Montana was the first state to ever elect a woman to Congress in the year 1916. It was also one of the first of the 50 states to provide for women's voting rights. Montana law is also generated through case law.
Due to the state's rich geography, many Montana legal cases revolve around the issues of natural resources and environmental concerns. One such case is Montana v. United States (1981). This case involved a dispute over access to fishing on Crow Nation tribal lands by non-tribal members. The case helped to clarify the limits on interactions between tribal governments and the U.S. federal government.
Lawyers in Montana are available to assist clients with various legal issues. Legal questions or disputes can be directed to an experienced Montana lawyer, who will provide counsel and representation on the matter. Working with a Montana attorney at the beginning of a project can help prevent legal disputes in the future.