Montana Notice to Adjoining Landowner to Repair Partition Fence

State:
Multi-State
Control #:
US-00946BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample notice from one landowner to an adjoining landowner who is refusing or failing to make repairs to a partition fence in accordance with an agreement between the adjoining landowners. This form is for illustrative purposes only. Local statutes must be consulted to determine specific requirements for such a notice.

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FAQ

If the land of one owner is entirely surrounded by the land of another, each owner shall maintain all fencing to the right, as viewed from the owner's land, of the northeastern corner of the surrounded land or, if there is more than one northeastern corner, then from the northernmost northeastern corner to a point ...

Fences between four (4) and seven (7) feet require a Planning Division permit. Fences eight (8) feet and over require a building permit. All fences must be placed on private property; and not located on the public right of way or a neighbor's property. LOCATION OF PROPERTY LINES IS THE RESPONSIBILITY OF THE APPLICANT.

70-16-204. Trees on or near boundary. (1) Trees whose trunks stand partly on the land of two or more coterminous owners belong to them in common. (2) Trees whose trunks stand wholly upon the land of one owner belong exclusively to that landowner, although their roots grow into the land of another.

Under Montana law include the 120-hour survival requirement, contractual arrangements and if property is owned out-of-state. Heir Must Survive 5 Days Montana law requires that an heir must survive the decedent for five days (120 hours) to inherit under intestate statutes.

No property owner has the right to erect and maintain an otherwise useless structure just to annoy or injure a neighbor. The neighbor injured by the fence is entitled to have the fence removed and seek monetary damages from the fence builder.

Trees on or near boundary. (1) Trees whose trunks stand partly on the land of two or more coterminous owners belong to them in common. (2) Trees whose trunks stand wholly upon the land of one owner belong exclusively to that landowner, although their roots grow into the land of another. History: En.

Montana has ?open range? laws that provide in most parts of the state a property owner must put up a fence to keep livestock out; the owner of the livestock does not have an obligation to put up a fence to keep livestock in. Think of open-range laws as requiring ?fencing out.?

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Montana Notice to Adjoining Landowner to Repair Partition Fence