Montana Easement and Right of Way (Pipeline) is a legal concept that grants the right to use someone else's property for the purpose of constructing and maintaining a pipeline. This right allows a pipeline company to access the landowner's property in order to lay underground or above-ground pipelines to transport oil, natural gas, or other substances. There are different types of Montana Easement and Right of Way (Pipeline) agreements that can be established between the landowner and the pipeline company. These include: 1. Temporary Easement: A temporary easement grants the pipeline company the right to access the property for a specific period, usually during the construction and installation phase of the pipeline. Once the construction is completed, the temporary easement is terminated. 2. Permanent Easement: A permanent easement provides the pipeline company the ongoing right to access and maintain the pipeline on the property indefinitely. It grants the company the right to access the property at any time throughout the life of the pipeline. 3. Right of Way: The right of way allows the pipeline company to use a specific portion of the property to place the pipeline. It typically includes a strip of land, called an easement, that is wide enough to accommodate the pipeline. The landowner retains ownership of the property but agrees that the pipeline company has the right to utilize the designated area for pipeline purposes. Montana Easement and Right of Way (Pipeline) agreements are crucial as they ensure that the pipeline company has the legal authority to access and cross private lands for pipeline installation, operation, and maintenance. These agreements are mutually beneficial for both parties involved, as they provide compensation to landowners for the use of their land while enabling efficient transportation of vital resources across Montana and beyond. It is important for landowners and pipeline companies to engage in fair negotiations and seek legal advice during the creation of Montana Easement and Right of Way (Pipeline) agreements to protect both parties' rights and ensure environmental and safety standards are adhered to throughout the process.
Montana Easement and Right of Way (Pipeline)
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FAQ
Montana law requires a conservation easement to be granted for a term of at least 15 years, but many are granted in perpetuity. A conservation easement runs with the land and remains in place even if the land is sold. Forever. A landowner may want the land to always be protected.
They are a grant of one or more property rights by the property (e.g. your yard) for use by another entity (e.g. City of Rosemount, MnDOT, Dakota Electric, etc.). In other words, the recipient of the easement (e.g. City of Rosemount) has the right to use the land in the easement for a specific purpose.
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.
An easement appurtenant is when an easement runs with one parcel of land but benefits another. The parcel that benefits is called the dominant tenement, or the dominant estate, and the other parcel on which the easement exists is called the servient tenement, or sometimes the servient estate.
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.