Montana Easement Form

State:
Montana
Control #:
MT-EAS-2
Format:
Word; 
Rich Text
Instant download

Description

Grants right, privilege and authority to construct, reconstruct, maintain, operate, repair, improve, and to travel upon and use, a road and its necessary fixtures and appurtenances through, over, and across a corridor of land.


An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.


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FAQ

A legal easement must be registered against the dominant and servient land ("tenements"), if their titles are registered, to take effect. The benefit of legal easements pass automatically on the transfer of the dominant tenement or part of the dominant tenement.

A short form agreement granting an easement interest in real property for the benefit of another parcel of real property. This form of easement agreement is a jurisdictionally neutral multistate template that can be used in all jurisdictions.

There are two types of easements: affirmative and negative. An affirmative easement gives the easement holder the right to do something on the grantor of the easement's land, such as travel on a road through the grantor's land.

Prescriptive easements According to the Montana state code, prescriptive easements provide individuals with a right to use the property of another that is acquired by open, exclusive, notorious, hostile, adverse, continuous, and uninterrupted use for a period of 5 years.

In Montana, the most landlocked land is located in a region stretching from the shores of Fort Peck Lake to the Tongue and Powder rivers area, according to the report.

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Common forms of express easements include,. Contracts; Property deeds; Land grants.The Planning Department cannot recommend any surveyors, however any Montana State licensed surveyor is permissible. (1) Application for an easement on state land must be made to the department. Encroachment Agreement Application PDF. Comprehensive Permit Form PDF. Number of Montana Supreme Court decisions involving the issue.

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Montana Easement Form