Montana Telecommunications Systems Easement
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How to fill out Telecommunications Systems Easement?
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FAQ
What is a Conservation Easement? A conservation easement is a voluntary legal agreement between a landowner and a land trust like MLR that permanently limits the uses of the land in order to protect its conservation values.
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.
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.
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.
A conservation easement is a legal agreement between a landowner and the DNR or other organization that permanently limits the land uses to protect the land's natural resources availability for habitat, agricultural, forest, recreational, or open-space use.
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).
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.