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An easement is the right to use another person's property for a specific purpose. In Montana, any person who has a vested interest in a servient tenement can create a servitude (70-17-104).
A way of necessity is a form of easement that is created by the actions of the landowner in severing a portion of the landowner's property. There has been a substantial interest in prescriptive easements in recent years as indicated by the number of Montana Supreme Court decisions involving the issue.
Easement By Necessity This is a court order that grants an owner access to their property through an easement. To win an easement by necessity filing, you must prove, usually with the help of a deed and title search, that your landlocked property and the neighboring property were at one time owned by the same person.
Giving a landowner right-of-way over an adjoining parcel of land in order to access a public road is the most common example of an easement by necessity. Imagine a piece of farmland that has been divided in two. The first parcel lies along a county road and has a driveway leading up to a home.
An easement is an interest in land that typically lasts indefinitely but can be limited to a specified period of time or until a future event happens. A license grants permission for someone to use land and, unlike an easement, does not convey an interest in land ? it just gives permission for the use of land.
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.