A. Evidence Of Existing Tract Of Record:
1. The Clerk and Recorder may not file any instrument that purports to transfer title unless the instrument of transfer is accompanied by evidence that the parcel exists as a tract of record and has been surveyed as applicable. As required by section 76-3-302, Montana Code Annotated, the evidence shall consist of:
a. An instrument of transfer describing the parcel or tract by reference to a filed certificate of survey or subdivision plat;
b. Documentation that the parcel is in a location in which the state does not have jurisdiction;
c. Previously recorded documents verifying the parcel was created before July 1, 1973; or
d. Documents that, if recorded, would verify the parcel was created before July 1, 1973.
2. In addition, as established by the Montana Attorney General (47 Op. Att’y Gen. No. 10), a US government lot or an aliquot part of a US government section is not a tract of record simply because its description appears in a deed on file. The Clerk and Recorder may not file any instrument that purports to transfer title to an aliquot part of a US government section or to a government lot unless accompanied by:
a. Reference to recorded documents that verify the parcel was segregated and individually conveyed prior to July 1, 1973; or
b. Reference to recorded documents that verify the parcel was segregated and individually conveyed after July 1, 1973, but which was exempted by definition of the word subdivision.
B. Remainders: A remaining parcel of land created through the use of one or more valid statutory exemptions is a tract of record.
C. Review Process For Instruments Of Transfer:
1. The applicant submitting the instrument of transfer, including but not limited to warranty deeds or quit claim deeds, shall provide the above referenced documentation of the tract of record to the Subdivision Administrator upon application for use of an exemption.
2. Once routed to the Subdivision Administrator, the Clerk and Recorder shall examine the filed documents referenced as evidence and may verify that the instrument of transfer does not create a new parcel subject to review as a subdivision and/or subject to survey requirements.
3. If it is determined that the instrument of transfer is insufficiently documented to demonstrate no new parcel is created, the Clerk and Recorder shall notify the individual in writing that the instrument shall not be filed until the required documentation is submitted. In addition, the notice will state that if the individual cannot provide the documentation and wishes to create a parcel, he/she may contact the Subdivision Administrator for additional information on requirements for divisions of land as exemptions or subdivisions. (Ord. 591, - -2021)