Montana Easement and Right of Way for Roadway Allowing Access to Lands

State:
Multi-State
Control #:
US-OG-074
Format:
Word; 
Rich Text
Instant download

Description

This form grants a third party the right to cross the Grantors lands to obtain access to lands which the third party holds under an oil and gas lease.

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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.

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.

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.

Overview. An easement that arises when a landowner conveys a landlocked parcel of land to another. Common law presumes that the grantee has right to pass over the retained property if such passage is necessary to reach the granted landlocked property.

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.

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.

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.

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Montana Easement and Right of Way for Roadway Allowing Access to Lands