Montana § 70-16-203 Adjoining Owner's Right To Lateral And Subjacent Support -- Excavations

Montana Statutes

§ 70-16-203 — Adjoining Owner's Right To Lateral And Subjacent Support -- Excavations

Montana·Title 70 PROPERTY·Ch. 16 RIGHTS AND OBLIGATIONS INCIDENTAL TO OWNERSHIP IN REAL PROPERTY·Part 2 Adjoining Landowners and Boundaries -- Fences

70-16-203 . Adjoining owner's right to lateral and subjacent support -- excavations. Each coterminous owner is entitled to the lateral and subjacent support that the owner's land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the adjoining land for the purposes of construction, on using ordinary care and skill and taking reasonable precautions to sustain the land of the other and giving previous reasonable notice to the other of the intention to make the excavations.

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70-16-203 . Adjoining owner's right to lateral and subjacent support -- excavations. Each coterminous owner is entitled to the lateral and subjacent support that the owner's land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the adjoining land for the purposes of construction, on using ordinary care and skill and taking reasonable precautions to sustain the land of the other and giving previous reasonable notice to the other of the intention to make the excavations.

Montana § 70-16-203 (Adjoining Owner's Right To Lateral And Subjacent Support -- Excavations) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

En. Sec. 1293, Civ. C. 1895; re-en. Sec. 4531, Rev. C. 1907; re-en. Sec. 6773, R.C.M. 1921; Cal. Civ. C. Sec. 832; Based on Field Civ. C. Sec. 269; re-en. Sec. 6773, R.C.M. 1935; R.C.M. 1947, 67-714; amd. Sec. 2120, Ch. 56, L. 2009.