Legal Question in Real Estate Law in Montana

Who owns the school building?

A rural one room school building which was build about 1921 sits on our land. When we bought the land 6 years ago the title company indicated we owned the building as is was considered ''an improvement''. The school has been closed for 4 years and the school district was attached to a contigious district. That district claims to own the school building now and want to sell the building to someone who will buy it and move it. Does the new district own the building? And if so, do they have legal access to it?


Asked on 8/28/02, 11:54 pm

1 Answer from Attorneys
Phillip Oliver Oliver Law Firm, P.C.

Re: Who owns the school building?

The general rule is that anything that is attached to the land of another, that cannot be moved without damage to the land, is the property of the land owner. This applies unless there is an agreement to the contrary.

My advice is to file a quiet title action as to the school along with an injunction preventing any sale until the ownership is resolved.

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Answered on 8/29/02, 11:15 am


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