Montana Deed Granting Right of Way
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How to fill out Deed Granting Right Of Way?
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FAQ
Easements are generally specific to a particular piece of property and granted for uses such as private access roads to single family residences or for farm and ranch operations and concentrated use of a singular area, like public parks and associated facilities.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
Farmers or ranchers who donate a conservation easement may be eligible for federal income tax and estate tax benefits. The easement restricts commercial, industrial and residential subdivision development of the property, so in a practical sense the land value is diminished with the easement.
A public right of way is a private property that has been dedicated to the community for the purpose of public usage for things such as, but no limited to, motorized access, non-motorized and pedestrian access, trails, common areas, utility placement, and other forms of community benefit.
Only one Montana statute specifically addresses prescriptive easements. Section 23-2-322(1), MCA, provides that a prescriptive easement is 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.
