In Montana private property rights are important. Many issues can affect your property use. It’s important to research them before purchasing land.
Easements. Your land may have easements that benefit other landowners. Your title report will identify many of these, but there may be easements that haven’t been recorded, but are “historic.” A title abstract and title insurance companies or an attorney can help you track this information.
Mineral rights are under the surface of their land and can often be severed from the surface rights. It’s important that you know what minerals may be located under your land and own them. Check your deed, and if you don’t understand it, you may want to contact your attorney or the title company you are working with.
Plat/Certificate of Survey- This will be provided by the seller, your realtor, or the title company. You may wish to obtain the services of a licensed Montana surveyor to ensure the accuracy of your survey.
Fences that separate properties may or may not be on legal boundary lines. A survey of the land is the only way to confirm the location of your property lines.
Construction or Alteration on your property. Whether you want to construct a single-family home, a guest house, subdivide, or to open a store, your plans may require a permit, as well as a driveway access permit, an individual sewage disposal system permit, a building permit, or must meet other requirements. Check with the Planning Office to find out what you need, and when you’ll need it. If you have a septic, contact the Sanitarian’s office before adding bedrooms, bathrooms, or another building with water access.
Many rural areas in Montana do not have zoning. Instead, land owners need to navigate Homeowner Associations and the Covenants that are attached to their Property.