Montana uses which type of recording system to protect against competing claims to real property?
Correct Answer
C) Notice
Montana uses a race-notice recording system. Under this system, a subsequent purchaser is protected against prior unrecorded interests only if they recorded first AND took title without notice of the prior interest. Both conditions — recording first and lacking notice — must be satisfied.
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An abstract of title is a condensed history of all recorded documents and proceedings that affect the title to a specific parcel of real property. It is a summary, not a guarantee, of title condition.
Actual notice means a person has direct, personal knowledge of a fact or interest in real property. This can come from being told, seeing something firsthand, or any form of direct awareness.
Adverse possession is a legal doctrine that allows a person to claim ownership of land by occupying it continuously for a statutory period under specific conditions, without the true owner's permission.
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