Montana Agreement between Adjoining Owners Creating Easement for Common Driveway

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Multi-State
Control #:
US-00704BG
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Word; 
Rich Text
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Description

An easement is a right in the land of another. The right is often described as the right to use the land of another for a special purpose. An easement gives one party the right to go onto another party's property. It is a real property interest, but separate from the legal title of the owner of the underlying land.
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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.

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.

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Montana Agreement between Adjoining Owners Creating Easement for Common Driveway