Special Warranty Deed

SPECIAL WARRANTY DEED

State of Montana

Recording Requested By:
_____________________________________________

When Recorded Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Property Address:
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE

DOCUMENT INFORMATION

SPECIAL WARRANTY DEED

KNOW ALL PERSONS BY THESE PRESENTS:

This Special Warranty Deed is made and entered into this _____ day of _________________, 20_____.

ARTICLE I: PARTIES

Section 1.1 Grantor(s)

Name(s): _____________________________________________

Mailing Address:
_____________________________________________
_____________________________________________

Marital Status:
☐ A single person
☐ A married person dealing with his/her sole and separate property
☐ Husband and wife
☐ An unmarried person
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

Section 1.2 Grantee(s)

Name(s): _____________________________________________

Mailing Address:
_____________________________________________
_____________________________________________

Vesting:
☐ A single person
☐ A married person dealing with his/her sole and separate property
☐ Husband and wife, as joint tenants with right of survivorship
☐ Husband and wife, as tenants in common
☐ An unmarried person
☐ As joint tenants with right of survivorship, and not as tenants in common
☐ As tenants in common
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

ARTICLE II: CONVEYANCE

Section 2.1 Granting Clause

For the consideration of $_____________________ (____________________ Dollars) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby GRANTS, BARGAINS, SELLS, AND CONVEYS to Grantee, and Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, situated in the County of _________________, State of Montana, described as follows:

Section 2.2 Legal Description

See Exhibit "A" attached hereto and incorporated herein by reference.

also known by street and number as: _____________________________________________

Parcel ID/Geocode: _____________________________________________

ARTICLE III: LIMITED WARRANTY COVENANTS

Section 3.1 Special Warranty

Pursuant to Montana law, including MCA 70-20-101 and related statutes, Grantor hereby GRANTS this property with LIMITED WARRANTY, warranting and defending the title against all persons claiming by, through, or under the Grantor, but against none other.

Section 3.2 Effect of Grant Language

Under Montana law, the use of the word "grant" in a conveyance implies the following covenants from the Grantor:

(a) That Grantor has not previously conveyed the same estate or any right, title, or interest therein to any person other than the Grantee;

(b) That the estate is, at the time of execution, free from encumbrances done, made, or suffered by Grantor.

Section 3.3 Limitation of Warranty

NOTICE: This is a SPECIAL WARRANTY DEED. The warranties contained herein are LIMITED to the period during which the Grantor owned the property. This deed does NOT contain full warranty covenants. The Grantor does NOT warrant against defects, liens, encumbrances, or claims arising prior to Grantor's ownership of the property.

Section 3.4 Statutory References

This conveyance is made pursuant to and in accordance with:

• MCA 70-20-101 (Conveyances in writing required)
• MCA 70-21-102 (Validity of unrecorded conveyances)
• MCA 70-21-302 (Constructive notice upon recording)
• MCA 1-5-602 (Acknowledgment requirements)

ARTICLE IV: EXCEPTIONS AND RESERVATIONS

Section 4.1 Subject To

This conveyance is made subject to:

(a) General taxes and assessments for the year 20_____ and subsequent years, not yet due and payable;

(b) All applicable zoning, building codes, and governmental regulations;

(c) All covenants, conditions, restrictions, reservations, rights-of-way, and easements of record;

(d) All matters disclosed by an accurate survey and physical inspection of the property;

(e) Rights of parties in possession;

(f) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE V: ADDITIONAL PROVISIONS

Section 5.1 Water Rights Disclosure

Pursuant to Montana law, a Realty Transfer Certificate and Water Rights Disclosure (Form 488 RTC) may be required for this transfer.

☐ Water rights ARE being conveyed with this property
☐ Water rights are NOT being conveyed with this property
☐ No water rights are appurtenant to this property

Section 5.2 Transfer Documentation

☐ Realty Transfer Certificate (Form 488 RTC) is attached
☐ Water Rights Disclosure is attached

ARTICLE VI: EXECUTION

Section 6.1 Grantor's Signature

IN WITNESS WHEREOF, the Grantor(s) have executed this Special Warranty Deed on the date first written above.

GRANTOR(S):

_____________________________________________
Signature

_____________________________________________
Printed Name

Date: _____________________________________________

_____________________________________________
Signature

_____________________________________________
Printed Name

Date: _____________________________________________

ARTICLE VII: ACKNOWLEDGMENT

Section 7.1 Montana Acknowledgment (Individual)

STATE OF MONTANA
COUNTY OF _________________

This instrument was acknowledged before me on this _____ day of _________________, 20_____, by:

_____________________________________________

☐ Witness my hand and official seal.
☐ My commission expires: _____________________________________________

_____________________________________________
Notary Public for the State of Montana

[NOTARIAL SEAL]

Section 7.2 Montana Acknowledgment (Entity)

STATE OF MONTANA
COUNTY OF _________________

This instrument was acknowledged before me on this _____ day of _________________, 20_____, by _________________________ as _________________________ [title] of _________________________ [entity name], a _________________________ [state/type of entity].

☐ Witness my hand and official seal.
☐ My commission expires: _____________________________________________

_____________________________________________
Notary Public for the State of Montana

[NOTARIAL SEAL]

Section 7.3 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

This instrument was acknowledged before me on this _____ day of _________________, 20_____, by:

_____________________________________________

☐ Witness my hand and official seal.
☐ My commission expires: _____________________________________________

_____________________________________________
Notary Public

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

County of _________________, State of Montana

MONTANA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees (Effective October 1, 2025)

Note: Per Montana law, beginning July 1, 2027, recording fees will be subject to biennial adjustments based on inflation.

Transfer Tax

Montana does not impose a state real estate transfer tax.

Required Accompanying Documents

1. Realty Transfer Certificate (Form 488 RTC) - Required for property transfers
2. Water Rights Disclosure - If applicable
3. Certificate of Acknowledgment - Completed by notary

Document Format Requirements

• Paper size: 8.5" x 11" preferred
• Original signatures required
• Properly acknowledged before notary public
• Clear and legible for scanning/recording

Important Legal Notes

1. Constructive Notice: Recording provides constructive notice to subsequent purchasers and mortgagees (MCA 70-21-302).

2. Priority: An unrecorded deed is valid between the parties and those with notice, but recording establishes priority against subsequent purchasers without notice.

3. Water Rights: Montana requires disclosure of water rights. Verify whether water rights are appurtenant to the property.

4. Title Insurance: Grantees should consider obtaining title insurance, especially given the limited warranty nature of this deed.

5. Legal Counsel: Consultation with a licensed Montana attorney is recommended.

PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone/Email

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed Montana attorney before using this form.