Montana Code Annotated 2023



Part 1. Servitudes -- Easements

Servitudes Attached To Land

70-17-101. Servitudes attached to land. The following land burdens or servitudes upon land may be attached to other land as incidents or appurtenances and are then called easements:

(1) the right of pasture;

(2) the right of fishing;

(3) the right of taking game;

(4) the right-of-way;

(5) the right of taking water, wood, minerals, and other things;

(6) the right of transacting business upon land;

(7) the right of conducting lawful sports upon land;

(8) the right of receiving air, light, or heat from or over or discharging the same upon or over land;

(9) the right of receiving water from or discharging the same upon land;

(10) the right of flooding land;

(11) the right of having water flow without diminution or disturbance of any kind;

(12) the right of using a wall as a party wall;

(13) the right of receiving more than natural support from adjacent land or things affixed thereto;

(14) the right of having the whole of a division fence maintained by a coterminous owner;

(15) the right of having public conveyances stopped or of stopping the same on land;

(16) the right of a seat in church;

(17) the right of burial;

(18) the right of conserving open space to preserve park, recreational, historic, aesthetic, cultural, and natural values on or related to land;

(19) the right of receiving sunlight or wind for recognized nonfossil forms of energy generation; and

(20) the right of using land adjacent to a firearms shooting range as a range safety zone.

History: En. Sec. 1250, Civ. C. 1895; re-en. Sec. 4507, Rev. C. 1907; re-en. Sec. 6749, R.C.M. 1921; Cal. Civ. C. Sec. 801; Field Civ. C. Sec. 245; re-en. Sec. 6749, R.C.M. 1935; amd. Sec. 16, Ch. 489, L. 1975; R.C.M. 1947, 67-601; amd. Sec. 1, Ch. 209, L. 1983; amd. Sec. 1, Ch. 111, L. 1993.