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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.
A law requiring Montana motorists to give right of way to moving and stationary emergency personnel and highway workers went into effect on Oct. 1.
Billings, Mont. - The new Move Over Montana law went into effect Sunday, October 1, 2023. Drivers approaching a stationary emergency, towing, maintenance or construction vehicle must slow down to the temporary posted speed limit if there is one.
(1) (a) Except as provided in subsection (1)(b), when two or more vehicles enter or approach an intersection from different highways, the driver of the vehicle on the left shall yield the right-of-way to all vehicles approaching from the right that are close enough to constitute an immediate hazard.
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.
(1) (a) Except as provided in subsection (1)(b), when two or more vehicles enter or approach an intersection from different highways, the driver of the vehicle on the left shall yield the right-of-way to all vehicles approaching from the right that are close enough to constitute an immediate hazard.
Montana Four-Way Intersection Law: The ?4-Way Stop? Rule. If two vehicles arrive at a Montana intersection at the same time, the left-side driver must yield the right-of-way. This means that the driver to the right gets to proceed first.