This form is used in addition to the purposes for which the Easement is primarily granted. The Grantee shall also have the right to make use of the Easement for the laying and running on, over, or under and using the Easement granted for the purpose of connecting, running and laying lines, wires and cables. So long as the Easement is used for the primary purpose for which this Easement is granted, and/or this additional use, it shall remain in full force and effect.
Montana Telecommunications Provision to Add to Pipeline Easement
State:
Multi-State
Control #:
US-OG-656
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Word;
Rich Text
Instant download
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How to fill out Telecommunications Provision To Add To Pipeline Easement?
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FAQ
An easement appurtenant is when an easement runs with one parcel of land but benefits another. The parcel that benefits is called the dominant tenement, or the dominant estate, and the other parcel on which the easement exists is called the servient tenement, or sometimes the servient estate.
131 sets out the four essential characteristics of an easement which are as follows: There must be a dominant and servient tenement; The easement must accommodate the dominant tenement; The dominant and servient owners must be different people; The right must be capable of forming the subject matter of a grant.
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.
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.
Even though property owners aren't allowed to block any easements, they might try to do it anyway. These situations can be quite frustrating, especially if the easement allows access to your residential property.
