Montana Real Estate Exam - State
Portion questions with answers
Easement Appurtenant - correct answer ✔✔ Permanent right by a property owner to use a
neighbors land for personal benefit
Easement in Gross - correct answer ✔✔ Right to use the land ( not necessarily adjoining
property) ex. utility companies
Easement by Prescription - correct answer ✔✔ Right to use through years of exclusive and
adverse use
Easement by Necessity - correct answer ✔✔ Usually involves access to a road
Covenant - correct answer ✔✔ Series of promises that the grantor offers the grantee
When a property borders a navigable lake or stream, where does the property line end? -
correct answer ✔✔ The edge of the low-water mark line
When there are adjoining owners of property, what must be maintained by all owners? - correct
answer ✔✔ Fences and monuments
In Montana, a county has the power to: - correct answer ✔✔ Purchase and hold lands within its
limits
Make contracts and purchase and hold personal property that may be necessary to the exercise
of its powers
Make orders for the disposition or use of its property that the interests of its inhabitants require
,Levy and collect taxes for public or governmental purposes
Changes to County Boundaries - correct answer ✔✔ The Montana Boundary Statute states in
Article XI, Section 2 that in order for a county boundary to be changed or a county seat
transferred, there needs to be an approval by the majority of the specific county.
Record of District Boundaries - correct answer ✔✔ boards of county commissioners are
responsible for maintaining records of all boundaries for each district within the county. Each
record is permanent and provides a description of the boundary.
The transcript of record is kept by the county superintendent, whose job it is to oversee the
document.
Who is responsible for possessing the record of all boundaries for each district within the
county? - correct answer ✔✔ The county superintendent
Which two of the following responsibilities apply to a county clerk's role? - correct answer ✔✔
Keeping a book containing maps of towns and villages
Conveying information about a new township to the secretary of the state via a certified
statement
Metes and bounds - correct answer ✔✔ Uses monuments, compass headings, and directions
Lot and block - correct answer ✔✔ Provides plat references
Rectangular government survey - correct answer ✔✔ Divides land into six-mile-square
townships, which can then be further divided
What causes a foreclosure? - correct answer ✔✔ The mortgage loan of a property goes into
default.
, What is redemption? - correct answer ✔✔ A way homeowners can regain possession of their
home.
What types of foreclosure occurs without court action in Montana? - correct answer ✔✔
nonjudicial
Common Problems with Foreclosures - correct answer ✔✔ Property condition
Title issues
Paperwork and procedures
Closing delays
Homeowners redeeming their property
In a nonjudicial foreclosure under the STFA, the trustee has to record a notice of sale and mail a
copy to the borrower at least _____ days before the sale. - correct answer ✔✔ 120
The person redeeming the real property has up to one year from the time of the sale to pay the
purchaser.
The costs may include the following: - correct answer ✔✔ Interest established by the legal
judgment
Any assessment or taxes the purchaser may have paid
Any maintenance or repairs made by the purchaser
If a lien was placed by a creditor
The individual who's redeeming the property must notify - correct answer ✔✔ the sheriff and
the county clerk in writing that a redemption will be taking place.
If the redemptioner has to pay any excessive costs associated with taxes, assessments or liens,
the same process of notification should be followed.
Portion questions with answers
Easement Appurtenant - correct answer ✔✔ Permanent right by a property owner to use a
neighbors land for personal benefit
Easement in Gross - correct answer ✔✔ Right to use the land ( not necessarily adjoining
property) ex. utility companies
Easement by Prescription - correct answer ✔✔ Right to use through years of exclusive and
adverse use
Easement by Necessity - correct answer ✔✔ Usually involves access to a road
Covenant - correct answer ✔✔ Series of promises that the grantor offers the grantee
When a property borders a navigable lake or stream, where does the property line end? -
correct answer ✔✔ The edge of the low-water mark line
When there are adjoining owners of property, what must be maintained by all owners? - correct
answer ✔✔ Fences and monuments
In Montana, a county has the power to: - correct answer ✔✔ Purchase and hold lands within its
limits
Make contracts and purchase and hold personal property that may be necessary to the exercise
of its powers
Make orders for the disposition or use of its property that the interests of its inhabitants require
,Levy and collect taxes for public or governmental purposes
Changes to County Boundaries - correct answer ✔✔ The Montana Boundary Statute states in
Article XI, Section 2 that in order for a county boundary to be changed or a county seat
transferred, there needs to be an approval by the majority of the specific county.
Record of District Boundaries - correct answer ✔✔ boards of county commissioners are
responsible for maintaining records of all boundaries for each district within the county. Each
record is permanent and provides a description of the boundary.
The transcript of record is kept by the county superintendent, whose job it is to oversee the
document.
Who is responsible for possessing the record of all boundaries for each district within the
county? - correct answer ✔✔ The county superintendent
Which two of the following responsibilities apply to a county clerk's role? - correct answer ✔✔
Keeping a book containing maps of towns and villages
Conveying information about a new township to the secretary of the state via a certified
statement
Metes and bounds - correct answer ✔✔ Uses monuments, compass headings, and directions
Lot and block - correct answer ✔✔ Provides plat references
Rectangular government survey - correct answer ✔✔ Divides land into six-mile-square
townships, which can then be further divided
What causes a foreclosure? - correct answer ✔✔ The mortgage loan of a property goes into
default.
, What is redemption? - correct answer ✔✔ A way homeowners can regain possession of their
home.
What types of foreclosure occurs without court action in Montana? - correct answer ✔✔
nonjudicial
Common Problems with Foreclosures - correct answer ✔✔ Property condition
Title issues
Paperwork and procedures
Closing delays
Homeowners redeeming their property
In a nonjudicial foreclosure under the STFA, the trustee has to record a notice of sale and mail a
copy to the borrower at least _____ days before the sale. - correct answer ✔✔ 120
The person redeeming the real property has up to one year from the time of the sale to pay the
purchaser.
The costs may include the following: - correct answer ✔✔ Interest established by the legal
judgment
Any assessment or taxes the purchaser may have paid
Any maintenance or repairs made by the purchaser
If a lien was placed by a creditor
The individual who's redeeming the property must notify - correct answer ✔✔ the sheriff and
the county clerk in writing that a redemption will be taking place.
If the redemptioner has to pay any excessive costs associated with taxes, assessments or liens,
the same process of notification should be followed.
