71-3-1302. Purchaser’s lien on real property. A person who pays to the owner any part of the price of real property under an agreement for the sale of real property has a special lien upon the property, independent of possession, for the part of the amount paid that the person is entitled to recover in case of a failure of consideration.

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Terms Used In Montana Code 71-3-1302

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Property: means real and personal property. See Montana Code 1-1-205
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205