Montana Utility Easement (Electric Lines and Appurtenances)
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How to fill out Utility Easement (Electric Lines And Appurtenances)?
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FAQ
An easement in gross is basically selling rights to the land to another person, but without giving them legal ownership. An easement appurtenant, on the other hand, is a permanent encumbrance (legal right) to the property.
An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.
If the dominant tenement is transferred or sold, the easement is instantly transferred with the land. For example, it you hold an appurtenant easement that permits you to cross over land on a specific path and sell it, the new holder can use the easement in the same manner.
An easement in appurtenant could be something like a shortcut to a public park, access to a utility or a right of way to the street.
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.
