Montana Road Easement Laws

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

If the tenancy of the land is divided among several people, Montana will not accept an adverse possession claim. To have a valid claim, the squatter must assert exclusive ownership of the building, land, or home and maintain continuous occupancy for a minimum of five years.

An easement can be created in one of three ways: by an express grant or reservation, by implication, and by prescription.

More than 3 million acres of public state and federal land in Montana is considered landlocked, which means that the public can't access those acres without crossing through private property. Unless they own a helicopter or have express permission from a private land owner, it is impossible to legally access this land.

A perpetual easement lasts forever. Montana law also allows for a term easement which must be in place for a minimum of 15 years. Perpetual easements provide the best protection for the land and make potential tax benefits available to the landowner. Term easements offer no such deductions.

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.

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Montana Road Easement Laws