Terms Used In Montana Code > Title 76 > Chapter 3 > Part 3 - Land Transfers

• Certificate of survey: means a drawing of a field survey prepared by a registered surveyor for the purpose of disclosing facts pertaining to boundary locations. See Montana Code 76-3-103
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Donee: The recipient of a gift.
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Final plat: means the final drawing of the subdivision and dedication required by this chapter to be prepared for filing for record with the county clerk and recorder and containing all elements and requirements set forth in this chapter and in regulations adopted pursuant to this chapter. See Montana Code 76-3-103
• Governing body: means a board of county commissioners or the governing authority of a city or town organized pursuant to law. See Montana Code 76-3-103
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Plat: means a graphical representation of a subdivision showing the division of land into lots, parcels, blocks, streets, alleys, and other divisions and dedications. See Montana Code 76-3-103
• Preliminary plat: means a neat and scaled drawing of a proposed subdivision showing the layout of streets, alleys, lots, blocks, and other elements of a subdivision that furnish a basis for review by a governing body. See Montana Code 76-3-103
• Property: means real and personal property. See Montana Code 1-1-205
• Public utility: has the meaning provided in 69-3-101, except that for the purposes of this chapter, the term includes county or consolidated city and county water or sewer districts as provided for in Title 7, chapter 13, parts 22 and 23, and municipal sewer or water systems and municipal water supply systems established by the governing body of a municipality pursuant to Title 7, chapter 13, parts 42, 43, and 44. See Montana Code 76-3-103
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• Subdivider: means a person who causes land to be subdivided or who proposes a subdivision of land. See Montana Code 76-3-103
• Subdivision: means a division of land or land so divided that it creates one or more parcels containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United States government section, exclusive of public roadways, in order that the title to the parcels may be sold or otherwise transferred and includes any resubdivision and a condominium. See Montana Code 76-3-103