Property Ownership
In Montana, 'title by descent' (inheritance) occurs when:
AProperty is acquired through adverse possession
BReal property passes to heirs under the laws of intestate succession when the owner dies without a will✓ Correct
CProperty is acquired through a court judgment
DProperty is donated to a charity
Explanation
Title by descent is the acquisition of title to real property through inheritance under the laws of intestate succession (dying without a will). Montana's intestacy statutes (MCA Title 72) determine the priority of heirs.
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Key Terms to Know
Adverse Possession
A doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.
Chain of TitleThe sequential record of all transfers of ownership for a piece of property from the original patent holder to the present owner.
Joint TenancyCo-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.
Tenancy in CommonCo-ownership where two or more people hold undivided interests that need not be equal and pass to each owner's heirs — no right of survivorship.
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