Montana Property Records

The Treasure State of Montana has the shortest river in the U.S., the Roe River in Great Falls. Montana's diverse geology covers 147,000 square miles, making it the fourth-largest state in the country. Montana is bordered by Idaho, Wyoming, North Dakota, South Dakota, and Canada. The state is also known as "Big Sky Country." Over 14,000 years ago, the Paleo-Indians were the first to live in Montana. The French originally claimed Montana, but eventually, it joined the United States on November 8, 1889. With 56 counties, 1.123 million people, and 515,175 homes, Montana is a large state that produces millions of property records each year.

Montana property records are essential for the state, local government, and residents. They perform functions like transferring property or allowing someone to build. They are created by attorneys, title companies, realtors, local government officials, private companies, and the courts.

What Are Property Records in Montana?

Property records in Montana are official documents, forms, and reports that contain essential information about real property and its owners. These records date back to the first owner and remain current with the latest. They contain vast amounts of information and are very useful in many situations.

Property History Search Can Include

A property history search can unveil tremendous insight into a property. You may find more detail than you expected. Some of the records are very detailed, and others are sparse, and they can overlap.

Some of the things that a property history search may reveal include:

Property Address
Detailed Legal Property Description
Current Owner's Name and Address
Historical Owners
Property Inspections
Appraisals / Property Value
Deeds
Liens
Tax Records
Mortgage Records
Bankruptcies
Foreclosures
Plat Maps
Surveys
Easements / Conveyances
Property Details
Lot Size
Zoning
Boundary Lines

Sources of Property Records in Montana

Property records research would be much easier if Montana kept all its records in one place. However, it does not. Montana property records are kept in local government offices, the courts, private companies, and other locations. For example, if you wanted to find a deed in Montana, you would need to visit the county clerk and recorder's office. Flathead County has information about how to file a new deed in that county.

Local county tax assessors in Montana value each property and set tax rates. The county treasurer collects taxes from each resident. The Montana Department of Revenue oversees these local tax officials.

If you want to build a new house, renovate an existing one, or demolish one, you must obtain a building permit from the Montana Department of Labor and Industry. Unlike most states, this is handled at the state level rather than by each town or city.

How are Land Records Different from Property Records?

Montana views land and property records as the same. They have set up a government website allowing residents to enter their name or address and see some information about their property online. They call this a Property Record Card.

The Role of the County Clerk and Recorder's Office

According to Meagher County, the role of the county clerk and recorder's office is to "recording and maintaining the majority of all the legal documents relating to real estate records, land descriptions, county birth and death records and the records of the Board of County Commissioners." The clerk is an elected official who also handles local elections.

How Property Records are Maintained in Montana

Each county clerk has its own system of filing and maintaining property records. However, when a new document arrives at their office, they stamp it with the date, time, and code so they can easily find it later. Once recorded, these documents become public records.

Accessing Records at the County Clerk and Recorder's Office in Montana

Anyone can access records at the county clerk and recorder's office by visiting during regular business hours and asking to see them. If you need certified copies, a small fee applies. Here are a few of the offices to get you started.

County Clerk and Recorder's Office Locations in Montana

Sometimes, it's hard to find what you need online. Here is Montana's resource listing all the counties in the state so you can easily find what you need.

Types of Property Records

You will find many types of property records during your property history search. Some are very detailed, and others are less detailed. It's best to view them all to get the full story. Some of the most common types of property records in Montana include:

Deeds and Conveyance Records

Most people know what deeds are. These essential documents transfer ownership of property and verify title. Different types of deeds are used in specific situations, and deeds can tell you a lot about a property and its owners.

All parties must sign deeds, and a notary must witness them. Some of the information contained in deeds includes:

Name of the Seller/Grantor and Buyer/Grantee.
A detailed description of the property.
Maps and plats along with boundaries and sometimes surveys showing the acreage and edges of the property.
Conveyance language explaining the ownership transfer from one person or entity to another.
Notarization and execution are at the bottom, where everyone signs to make it legal.

Much of the language contained in deeds refers to the warranty implied or specified and the conveyance of the land from one or more parties to another.

Property Tax Records

Everyone who owns property in Montana must pay annual property taxes. These taxes pay for schools, public road maintenance, government salaries, and emergency services like fire, police, and EMTs.

Montana's average effective property tax rate of 0.74% is lower than the national average of 0.99%. That being said, Montana has some of the highest property taxes because property is assessed every two years, and the rate is based on fair market value.

Local county tax assessors perform the bi-annual tax assessments, and tax collectors send out bills and collect the money. The Montana Department of Revenue oversees these local tax officials.

Property tax records must detail the following information:

Tax Rate - Each property falls under a local taxing area with a different tax rate from other places. The document should specify the taxing area and rate. It may also include a breakdown of applicable taxes.
Assessed Value - Local assessors determine the property's value and then use it to calculate the owed taxes. The assessed value must therefore appear on the document.
Payment History and Methods - Property owners should receive a tax record with a list of payments made and the owed amount. It may also include the accepted forms of payment.
Property and Owner Information - The document should describe the property to ensure it is correct. In addition, it should state the property owner's name, determining who is liable for the taxes.
Exemptions - The record should outline applicable exemptions such as the Abandoned Mobile Home Tax Exemption.

The standard tax assessment process is as follows:

Valuation - The valuation process sees the assessor determine the property's value through approved methods. Cost, market sales, and income approaches are the most common methods. Assessors may use one or multiple methods, accounting for changes and differences. Once they determine the property value, the assessor prepares a document for the property owners.
Noticing - The second step is sending a notice to the property owner. The notice contains the assessed value of the property. It may also contain notes about the property the assessor finds relevant or worth mentioning.
Review - Property owners can appeal an assessment value if they think it is unfair. The appeal process demands submitting a written request to the local appeal board or a similar authority. The board reviews the appeal and considers evidence before adjusting the assessed value.

Easements and Covenants

Many deeds come with easements and covenants dictating specific rules or restrictions about the land. Easements are rights of way that provide access to the land to someone other than the owner. An example might be a wireless company with towers on private land. That company can enter the land to maintain its towers without first asking.

Covenants are rules about how land can be used. You see these often in condo developments and gated communities. They typically refer to common land the community uses but can also pertain to the specific housing unit. One example is all units must use the same color paint on the home's exterior.

Plats and Surveys

Plats and surveys are both types of maps. Plats show the boundaries of all neighboring properties, whereas surveys show only the boundaries of a single property. These documents often accompany deeds.

Typical surveys include the following information:

Boundaries - The surveyor will measure and provide the boundaries of the property. They may also provide the angles of the boundaries.
Property Description - The document may contain a legal description of the property. If not, it will identify the property by address, plot number, and other identifying factors.
Rights of Way - The document will show any rights of way applying to the property and other easements.
Property Owner - The record should identify the property owner by name and other details such as contact information.
Surveyor's Notes - The document may include notes about the property or a survey for the surveyor.

Historical Property Records

States like Montana often move older property records into an archive for safekeeping to free up room for more current records. The Montana Historical Society is responsible for historical property records.

Building Permits and Regulations in Montana

If you want to build a new home, renovate one, or demolish a building, you need a building permit. Montana consolidates the building permit process at the state level. To apply for one, you must contact the Montana Department of Labor and Industry. You can find instructions, exemptions, and other information on their website.

How Can I Search for Property Records?

There are many situations where you might find the need for property records. They come in quite handy. Thankfully, you have many options when deciding to search for them. Try the methods below to see what works for you.

Online Property Record Search

First, try a basic online property record search. Type the full property address into a Google search bar or your favorite browser and see what comes up. You will probably not immediately find what you need and will have to search further.

In-Person Property Record Search

Visit any one of the local county clerk and recorder's offices where the property resides and ask to see records. They can supply any public property records you need. They will charge you a small fee for copies.

Using Property Record Indexes

You can try the vast number of property indexes online. Some of them, like realty databases, are legitimate, but others won't have what you need, and they might not be updated with current or accurate information.

Utilizing Commercial Services

Using a professional property record service like PropertyChecker is your best bet. You can access millions of nationwide property records instantly and without limit. Find everything you need in one place quickly: no fuss, no muss.

How to Search Property Records by Address

The best way to search is to use the entire property address, including the street, city, and zip code. You will get good results using this method.

How to Search Property Records by Name

You can sometimes search using the owner's name but may also get many wrong results, as many people share the same name.

Understanding Property Ownership in Montana

Owning property in the big, wide state of Montana is an amazing thing. But it does come with some responsibilities, like paying your mortgage, interest, and taxes on time. You should also maintain the property well to retain its market value. If you own property in Montana, your name will appear in property records.

Identifying Property Owners

Many situations require locating the owner of a piece of real property. You can do so by contacting the local county clerk and recorder's office in the county where the property is and asking to see the most recent deed. It will tell you the name and address of the owner and when they acquired it.

Chain of Title

The chain of title is a complete list of everyone who has ever owned the property, starting with the first owner. This chain of title must never be broken; someone always owned it. The chain is documented through deeds.

Ownership History and Transfers

Most frequently, the property passes from person to person through real estate sales. However, sometimes people leave property to heirs in their will or gift it to someone while still alive. Even still, some owners sign the deed over to their house to pay off a debt or avoid foreclosure.

Property Descriptions and Boundaries in Montana

Each piece of real property in Montana has its own legal property description. These have map coordinates showing exactly where it is located and a written description including natural landmarks and other defining characteristics to make it easy to find.

Surveys and Land Measurements

Surveys measure the land and determine exact map coordinates and property boundaries. They are used before building new construction, when installing utilities, and in boundary disputes.

Boundary Disputes and Resolutions

Boundary disputes are common and erupt when one neighbor is sure another is trespassing on their land. Often, they end up in court, where a judge must decide the outcome. The court will ask a professional surveyor to measure the land to determine where the boundaries lie.

Liens, Encumbrances, and Property Records in Montana

Liens are encumbrances that negatively affect a property and its owners. Too many liens indicate a problem and can damage the owner's financial reputation. There are two main types of liens: voluntary and involuntary.

Voluntary Liens

The thing about voluntary liens is you get to choose them. When you take out a mortgage or loan, you can use your house as collateral and allow the lender to place a lien on the home. The lien will remain until the loan is paid off.

Mortgage Liens

Mortgage liens are very common and not necessarily bad. They protect the lender in case the homeowner defaults on the loan. Then, they can foreclose and sell the house to get their money back.

The following information may appear in a Montana mortgage document:

Mortgage Terms - The document will outline the mortgage terms, including how long it will be in effect, the interest rate, and approved payment methods.
Loan Amount - The document will outline the loan amount. It may also include the initial borrowed amount.
Promissory Notes - Promissory notes are legal documents that prove the borrower's debt to the lender. They specify the loan amount, interest rate, payback conditions, and any penalties that may apply.

Involuntary Liens

Involuntary liens are beyond your control and imposed when you fail to pay a debt you owe. These types almost always lead to foreclosure and the loss of your home.

Mechanic's Liens

Material suppliers, contractors, subs, and laborers who work on your home can put a mechanic's lien on your home if you don't pay them. After placing the lien, they must sue you in court to enforce the lien. If the judge rules in their favor, they can foreclose and sell your home to get paid.

Tax Liens

If you don't pay your annual property taxes, the local county will impose a lien on your property. Then, if you still don't pay, they will foreclose and sell your house at auction well below fair market value.

Judgment Liens

Creditors use judgment liens the same way contractors use mechanic's liens. They will sue you in court, and if they win, they can foreclose, evict you, and sell your house to pay off the debt.

The Process of Property Liens in Montana

The process of putting a property lien in Montana involves the following stages:

Filling out the lien form is usually the first state. Claimants must get the right form and ensure they have the right information, such as the property owner's details, the property identification, the amount owed, and the dates of work or delinquency.
The second stage is providing notice to the property owner. Claimants may give notice by a specific deadline. But legislation exempts some parties from giving notice.
Filing the lien is the next step. Claimants must file the lien at the county clerk and recorder's office unless advised otherwise. Claimants must file the lien in the county where the property is.
After filing, the claimant may enforce or release the lien. Each type of lien has a deadline before it becomes invalid. Therefore, claimants must enforce the lien before the deadline.

Property Records and Real Estate Transactions in Montana

Property records come into focus during a real estate deal. You can learn a lot from them to make an informed decision. Before the sale, many of the players, including the realtor, title company, and appraiser, will use property records to gather information. More records will be created during the deal, and they will replace older records.

Buying Property: Due Diligence

When buying property in Montana, you must learn as much as you can about the property. Use property records to perform due diligence and avoid any surprises later.

Selling Property: Providing Disclosure

When selling property in Montana, homeowners must disclose material defects, such as leaky roofs or crumbling foundations, to potential buyers. The law demands this.

Title Searches and Insurance

If you take out a mortgage when you buy your house, your lender will require that you purchase title insurance. This policy protects them and you from anyone showing up after the sale claiming they own it. Your title company will perform a property title search, looking for issues like these that could derail the sale.

Foreclosure and Property Records in Montana

Foreclosures appear in public property records. In addition to being embarrassing for the owner, they can lower the value of the home and make it difficult to sell. Many buyers won't want to deal with the extra hassles that foreclosure homes come with.

Pre-Foreclosures in Montana

Pre-foreclosures, however, are homes that have not yet been sold at auction and can still be redeemed. Investors look for these homes and offer the owners a deal so they can buy them cheaply and sell them for a profit. It benefits the owner by allowing them to get out of debt and not show a foreclosure on their credit report.

When was the House Built?

You can easily find out if you want to know when a particular house was built. Contact the county clerk and recorder's office or state building permit office and ask to see the first-ever building permit. That will tell you when it was built and who first owned it.

Property Records and Property Values

Property values are some of the most important information you can collect about a property, especially if you are buying or selling. These values appear in public property records and are even estimated on realty websites. Property values can change rapidly if the economy slips or the local real estate market shifts. Interest rates also affect property values.

Assessments and Appraisals

Local tax officials use assessments to determine the value of every property in the county and set tax rates. These values do not always match the property's fair market value.

Appraisers use special calculations, usually comparing similar homes in the area to derive a property value for mortgages or estate planning. Sometimes, the courts will hire an appraiser before distributing an estate.

Factors that Determine Property Values in Montana

The following factors can explain higher property values in some areas of Montana.

Water Rights - Montana has a complex system of water rights that significantly impacts property values, especially for agricultural properties. The availability, reliability, and seniority of water rights associated with a property can influence the property's value.
Proximity to Outdoor Activities - Montana is renowned for multiple recreational opportunities with national parks such as Yellowstone and Glacier. Proximity to these recreational opportunities may increase property values.
Scenic Views - Montana has scenic landscapes such as valleys, mountains, and expansive open spaces. Properties with such features may command higher property values.
Historical Significance - Historical properties located in cultural areas may hold additional value raising the priority's value.
Property Condition and Age - The condition and age of a property could increase its value. Buyers prefer properties in good condition with modern amenities.

Privacy and Property Records

Property records are public, so they cannot be kept private. By law, they must be accessible to every citizen. If you have ever owned property, your name and other information will appear in property records.

Accessing Public Property Records

It's entirely legal for anyone to perform a property history search. When doing so, you can look up information about the owner and the property itself. Visit the local county clerk and recorder's office to request copies.

Why are Property Records Public?

Property records are public for two fundamental reasons. First, they preserve the public chain of title, showing every owner who has ever owned the property. Second, they prevent any government office from having too much power over the people.

How Do I Protect My Personal Information in Property Records?

You cannot remove all your information from property records. However, you can try to remove some to minimize your exposure to identity theft and fraud. Contact the agencies who hold your records and ask them to remove everything beyond your name and address.

Maintaining and Amending Property Records

You never know when you will need to use your property records. Therefore, it's essential to keep them up-to-date and correct. It's up to you to do that; no one will know to update them automatically when things in your life change.

Correcting Errors on Property Records

If your Montana property records have errors on them (and some do), contact the county clerk and recorder's office and ask them to correct them. You may have to provide documentation proving the error.

Amending Property Records for Legal Changes

You will also need to update property records when someone dies. Bring the death certificate and will to the local county clerk and recorder's office and ask them to update the deed. They will draft a new one with the new owner's name and information.

How to Change the Name on Property Records in Montana

If you get married or divorced, you must update your records. Bring your marriage certificate or divorce decree to the clerk and recorder's office and ask them to update your name. They will draft a new deed, which must be notarized and witnessed.

What Should I Consider When Buying a Property Using Property Records?

Before buying property in Montana, you must consider many things. Some of the items to check are the value, taxes, insurance, building permits, liens, and foreclosures. PropertyChecker is your number-one source for property records. Enjoy the ease and quickness of accessing millions of nationwide property records all in one place.

Montana County Property Records