Section 16.20.030 Transfers of title.
Except as noted below, a final subdivision plat shall be
filed for record with the county clerk
and recorder before title to the subdivided land can be sold or transferred in any manner. After
the preliminary plat of a subdivision has been approved or conditionally approved, the subdivider
may enter into contracts to sell lots in the proposed subdivision if all of the following conditions
are met:
A. That under the terms of the contracts
the purchasers of lots in the proposed subdivision
make any payments to an escrow agent which must be a bank or savings and loan association
chartered to do business in the state of Montana;
B. That under the terms of the contracts
and the escrow agreement the payments made by
purchasers of lots in the proposed subdivision may not be distributed by the escrow agent to the
subdivider until the final plat of the subdivision is filed with the county clerk and recorder;
C. That the contracts and the escrow
agreement provide that if the final plat of the proposed
subdivision is not filed with the county clerk and recorder within two years of the preliminary
plat approval, the escrow agent shall immediately refund to each purchaser any payments made
under the contract;
D. That the contracts contain the
following language conspicuously set out therein: "The
real property which is the subject hereof has not been finally platted, and until a final plat
identifying the property has been filed with the county clerk and reorder, title to the property
cannot be transferred in any manner."
E. A copy of the contracts and escrow
agreement described above shall be submitted to the
director of community development. (Ord. 131 (part), 1998: prior code § 16.01.030A-2)
