In Montana, three types of surveys can be recorded:
SUBDIVISIONS. Montana defines a subdivision as a land division that creates one or more parcels containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United States government section.
- The two types of subdivisions are minor (five or fewer lots) and major (six lots or more).
- All infrastructure (roads, water, sewer, utilities, etc.) must be in place before state and local authorities will approve the subdivision.
EXEMPT SURVEYS. These surveys are exempt from complete subdivision review requirements but are subject to various statutory requirements.
- Relocating common boundaries outside of platted subdivisions.
- Examples where this may come into play would be if two neighboring property owners wish to move their common boundary to better use their property or to correct an encroachment of a fence, building, or other improvements.
- Family transfers.
- Montana law allows a gift of property to immediate family members, once per family member, once per county.
- Immediate family members are defined as mother, father, spouse, or children. No gifts are allowed to siblings, aunts, uncles, grandparents, or grandchildren.
- Divisions made outside of platted subdivisions for agricultural purposes.
- This exemption would be used if you wished to create an agricultural parcel. Once an agricultural parcel is created, any desired change in use would require a full subdivision review. Agricultural parcels cannot have any type of sanitation encumbrances.
- For five (5) or fewer lots within a platted subdivision, the relocation of common boundaries.
- Similar to 2a, these surveys allow for rearrangement of up to five lots with common boundaries within a platted subdivision.
- Relocation of common boundaries between a single lot within a platted subdivision and adjoining land outside of a platted subdivision.
- Similar to 1 and 4, these surveys allow for the rearrangement of a boundary between a single lot within a subdivision and a parcel outside the subdivision.
- Aggregation of parcels or lots where the original boundaries are eliminated, and a larger aggregate parcel is established.
- These surveys are used if a property owner has multiple adjoining properties and wants to eliminate the interior property lines and create a larger parcel.
- Court-ordered divisions.
- These surveys are typically used in probate settlements, divorce decrees, or lawsuits.
- Mortgage surveys.
- These surveys allow for a portion of a larger tract or parcel to provide security for mortgages, liens, or trust indentures. The portion of the property being mortgaged does not become a separate property UNLESS the mortgage is defaulted upon.
- Creation of cemetery lots.
- These can be public or private cemetery lots.
- Is in a location over which the state does not have jurisdiction.
- An example of this type of survey is when the Federal Government creates a tract of land to transfer to private ownership. The State of Montana has no jurisdiction over these types of surveys.
- Is created for rights-of-way or utility sites.
- Examples of this would include creating a street right-of-way, a utility right-of-way, or a stand-alone utility lot while retaining a portion of the original tract of land.
RETRACEMENT SURVEYS. These surveys are not considered subdivisions or exempt surveys. The purpose of these surveys is to provide material evidence of the location of boundaries of a parcel of land. These surveys can be used to retrace partial boundaries or entire tracts of land.
Stahly Engineering highly recommends consulting with a licensed professional land surveyor if you need to know more about the various types of property surveys. As experienced professionals, we can advise on the steps necessary to successfully complete your project. We may also be able to find alternative solutions that may not have been considered.