Real Estate Law

Customized Legal Solutions for Your Real Estate Needs

At Tanko Law, we offer exceptional real estate law services that clients can trust. We provide customized legal solutions that are tailored to each client's unique needs and strive to provide exceptional service and efficient legal representation.

Asset Protection

Benefits of Working with a Real Estate Attorney:

  • Provide legal expertise and guidance on real estate matters
  • Review and negotiate real estate contracts to protect clients' interests
  • Conduct due diligence to ensure that there are no legal issues associated with the property
  • Represent clients in dispute resolution, such as negotiations, mediation, or litigation
  • Provide clients with peace of mind and ensure that they make informed decisions throughout the process

What is Real Estate Law?

Real estate law is a branch of law that deals with legal issues related to real property, which includes raw land, improved property, agricultural property, residential and commercial property. Real estate law encompasses a wide range of legal issues and is governed by a combination of federal and state laws. It also can involve both transactional and litigation matters. Some of the more typical matters we address for clients are family transfers, boundary line adjustments, buy-sell agreements, deeds of trust and liens, deed transfers, well agreements, easements, and road maintenance agreements.

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Real Estate Law in Montana

In Montana, the foundation of real estate law is established through the Montana Code Annotated (MCA). This comprehensive set of statutes encompasses a wide range of topics relevant to real estate, including property transactions, land use, property rights, landlord-tenant relationships, and various other aspects of real property law.

Shaping Montana's Real Estate Legal Framework

In parallel with the MCA, the development of real estate law in Montana is significantly influenced by case law. Montana's judicial system has generated a body of legal precedents and interpretations through court decisions over the years. These judicial rulings provide guidance and clarification on the application of the statutes outlined in the Montana Code Annotated.

 Together, the Montana Code Annotated and the body of case law work in tandem to shape the landscape of real estate law in the state. Property owners, buyers, sellers, landlords, tenants, and other parties involved in real estate transactions and disputes rely on these legal sources to understand their rights, obligations, and legal remedies within Montana's real estate domain.

Practice Areas

Our team of skilled lawyers are experienced in a variety of real estate practice areas. Explore them below:

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Residential Real Estate Transactions

Residential Real Estate Transactions involve legal matters related to buying, selling, or leasing residential properties. This can include residential homes, condominiums, and vacation rental properties. Typical matters can include buy-sell agreement for the purchase and sale of real estate, promissory notes and deeds of trust, residential lease agreement, boundary line adjustments, easements, well agreements, and road maintenance agreements.

Commercial Real Estate Transactions

Commercial Real Estate Transactions involve legal matters related to buying, selling, or leasing commercial properties, such as office buildings, retail spaces, and industrial properties. Similar to residential property transactions, commercial property transactions involve buy-sell agreement, financing documents, title investigations, lease assignments, lease agreements, and similar matters.

Real Estate Development, Land Use, and Zoning

Real Estate Development involves legal matters related to the development of real estate, including land use, zoning, environmental concerns, construction, and financing. We work closely with our clients to support them in the development of their real estate holdings. In doing so, we often times associate with other professionals and legal counsel to meet our client’s specific real estate development planning goals.

Leasing and Property Management

Leasing and Property Management involves legal matters related to the leasing and management of real estate, including commercial and residential leases, property management agreements, and landlord-tenant disputes.

Real Estate Litigation

Real Estate Litigation involves legal matters related to disputes over real estate, such as breach of contract, title disputes, boundary disputes, foreclosure, and landlord-tenant disputes.

Real Estate Taxation

Real Estate Taxation involves legal matters related to taxation of real estate transactions, including property taxes, income taxes, and capital gains taxes. These kinds of issues are typical addressed in conjunction with your tax planning professional such as your accountant or CPA.

Choose Tanko Law for Exceptional Real Estate Law Services

At Tanko Law, we offer customized legal solutions to meet our clients' unique needs and are committed to providing exceptional client service. With a track record of success in representing clients in real estate matters, Tanko Law has earned a reputation for being a top provider of real estate law services in the Flathead Valley and beyond.

Call us today to learn more about how we can help you.