72-31-224. Construction of power relating to real property transactions. - Montana Statutes

     72-31-224. Construction of power relating to real property transactions. In a statutory power of attorney, the language granting power with respect to real property transactions empowers the agent to:
     (1) accept as a gift or as security for a loan, reject, demand, buy, lease, receive, or otherwise acquire an interest in real property or a right incident to real property;
     (2) sell, exchange, or convey, with or without covenants; quitclaim; release; surrender; mortgage; encumber; partition; consent to partitioning; subdivide; apply for zoning, rezoning, or other governmental permits; plat or consent to platting; develop; grant options concerning; lease; sublet; or otherwise dispose of an interest in real property or a right incident to real property;
     (3) release, assign, satisfy, and enforce, by litigation or otherwise, a mortgage, deed of trust, encumbrance, lien, or other claim to real property that exists or is asserted;
     (4) do any act of management or of conservation with respect to an interest in real property or a right incident to real property, owned or claimed to be owned by the principal, including:
     (a) insuring against a casualty, liability, or loss;
     (b) obtaining or regaining possession or protecting the interest or right, by litigation or otherwise;
     (c) paying, compromising, or contesting taxes or assessments, or applying for and receiving refunds in connection with them; and
     (d) purchasing supplies, hiring assistance or labor, and making repairs or alterations in the real property;
     (5) use, develop, alter, replace, remove, erect, or install structures or other improvements upon real property in or incident to which the principal has or claims to have an interest or right;
     (6) participate in a reorganization with respect to real property or a legal entity that owns an interest in or right incident to real property and receive and hold shares of stock or obligations received in a plan of reorganization and to act with respect to them, including:
     (a) selling or otherwise disposing of them;
     (b) exercising or selling an option, conversion, or similar right with respect to them; and
     (c) voting them in person or by proxy;
     (7) change the form of title of an interest in or right incident to real property;
     (8) dedicate to public use, with or without consideration, easements or other real property in which the principal has or claims to have an interest.

     History: En. Sec. 2, Ch. 580, L. 1991; amd. Sec. 116, Ch. 494, L. 1993; Sec. 72-31-202, MCA 1991; redes. 72-31-224 by Code Commissioner, 1993.