Montana Code Annotated 2021



Part 1. Corner Recordation Act


70-22-103. Definitions. Except when the context indicates a different meaning, terms used in this part must be defined as follows:

(1) An "accessory to a corner" means any exclusively identifiable physical object whose spatial relationship to the corner is recorded. Accessories may be bearing trees, bearing objects, monuments, reference monuments, line trees, pits, mounds, charcoal-filled bottles, steel or wooden stakes, or other objects.

(2) The "board" means the board of professional engineers and professional land surveyors provided for in 2-15-1763.

(3) A "corner", unless otherwise qualified, means a property corner or a property controlling corner or a public land survey corner or any combination of these.

(4) A "monument" means an accessory that is presumed to occupy the exact position of a corner.

(5) A "property controlling corner" for a property means a public land survey corner or any property corner that does not lie on a property line of the property in question but that controls the location of one or more of the property corners of the property in question.

(6) A "property corner" means a geographic point on the surface of the earth and is on, is a part of, and controls a property line.

(7) A "public land survey corner" means any corner actually established and monumented in an original survey or resurvey used as a basis of legal description for issuing a patent for the land to a private person from the United States government.

(8) A "reference monument" means a special monument that does not occupy the same geographical position as the corner itself but whose spatial relationship to the corner is recorded and that serves to witness the corner.

(9) A "surveyor" means a person who is licensed to practice land surveying under Title 37, chapter 67, and has a paid-up license for that calendar year or who is authorized under Title 37, chapter 67, to practice land surveying.

History: En. Sec. 3, Ch. 202, L. 1963; amd. Sec. 320, Ch. 350, L. 1974; R.C.M. 1947, 67-2003; amd. Sec. 3, Ch. 274, L. 1981; amd. Sec. 73, Ch. 83, L. 1989; amd. Sec. 74, Ch. 492, L. 2001.