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abandoned adverse possession agreement ALR 2d ALR 4th appeal apply Ass'n asserted attorney fees award bank changes in style Chapter claim clause Collateral References Compiler's Comments condemnation condominium construction lien contract for deed conveyance cotenant Court found created damages decedent declaration default defendant defendant's determine District Court elective share elective-share Eminent Domain entitled established evidence filed foreclosure gift granted grantor highway homestead inserted intent interest joint tenancy land Landlord and Tenant landowner Law Review Articles lease lessee liability lien now construction minor changes mobile home Mont Montana mortgage mortgagor Notes notice owner ownership parcel parties payment permissive personal property plaintiff premises presumption prior purchase quiet title quitclaim deed Ranch real property record rent restrictive covenant right-of-way road rule statutory summary judgment Supreme Court affirmed Supreme Court held Uniform Probate Code unlawful detainer valid