Montana Nonexclusive Easement and Right of Way to Use Grantor's Private Road

State:
Multi-State
Control #:
US-OG-073
Format:
Word; 
Rich Text
Instant download

Description

This form grants the nonexclusive right to make use of the Grantors existing road.

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FAQ

Montana, Arizona, New Mexico, and Wyoming each have more than one million acres of landlocked state lands, creating existing barriers and future opportunities for public access.

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.

Montana boasts over 30 million acres of state and federal lands, nearly one third of the state. Much of that land provides excellent hunting opportunities.

Example of landlocked lands in Northwest Montana This program works with private landowners to allow access on and through their land, usually for hunting. Kool said half a million acres of landlocked state land are opened through this program That's a third of the landlocked state land.

The landowner decides. 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.

An easement is the right to cross or use someone else's land for a specific purpose. The owner of the easement does not own the land, just the right to use it. The owner of the land may also use the area covered by the easement as long as they do not interfere unreasonably with the purpose of the easement.

An easement is a "nonpossessory" property interest that allows the holder of the easement to have a right of way or use property that they do not own or possess. An easement doesn't allow the easement holder to occupy the land or to exclude others from the land unless they interfere with the easement holder's use.

Exclusive means that only one party or perhaps a limited number of parties can use that easement. Non-exclusive means that a number of different parties can use the easement. Non-exclusive can also mean that additional parties could be granted the right to use that same easement in the future.

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Montana Nonexclusive Easement and Right of Way to Use Grantor's Private Road