Montana Easement Laws

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


How to fill out Montana Grant Of Access Easement For Access To Land By A Road?

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FAQ

As discussed, prescriptive easement actions require proof of open, notorious, exclusive, adverse, and continuous possession or use for the statutory period of 5 years. The burden is on the party seeking to establish the prescriptive easement, and all elements must be proved. Tanner v. Dream Island, Inc., 275 Mont.

(An easement grants a long-term right to use or occupy the land for a specific purpose.) The DNR may issue an easement to cross state-owned lands for the purposes of constructing and maintaining roads. However, the DNR is not required to issue easements upon request.

Hear this out loud PauseUnder Washington law, private easements may be created by including the donation or grant of the easement in a plat or short plat. The plat must specifically identify the property subject to the easement and set forth specific use intended by the grantor.

Prescriptive easements ? To obtain a prescriptive easement in Washington, one property owner must openly, hostilely, and continuously use part of another's land for 10 years without permission. The laws for establishing a prescriptive easement are almost the same as the requirements for establishing adverse possession.

Prescriptive easements ? ing 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.?

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Montana Easement Laws