Property Ownership
Montana's coal and mineral-rich areas mean buyers should be aware that:
AAll mineral rights are automatically included with surface purchases
BMineral rights may have been severed and sold separately, affecting what the buyer receives✓ Correct
CMineral extraction is prohibited statewide
DOnly the federal government can own mineral rights in Montana
Explanation
In Montana's resource-rich areas, mineral rights are frequently severed from surface rights and may be owned by a third party. Buyers must investigate whether mineral rights are included in the purchase.
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Key Terms to Know
Right of First Refusal
A contractual right giving a party the opportunity to match any offer received before the owner can accept it from a third party.
DeedA written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
EasementA non-possessory right to use another person's land for a specific purpose.
EncumbranceAny claim, lien, charge, or liability attached to real property that affects its value or limits its use.
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