Montana § 70-16-204 Trees On Or Near Boundary

Montana Statutes

§ 70-16-204 — Trees On Or Near Boundary

Montana § 70-16-204

Title 70PROPERTY

Ch. 16RIGHTS AND OBLIGATIONS INCIDENTAL TO OWNERSHIP IN REAL PROPERTY

Part 2Adjoining Landowners and Boundaries -- Fences

This text of Montana § 70-16-204 (Trees On Or Near Boundary) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 70-16-204 (2026).

Text

70-16-204 . Trees on or near boundary.

(1)Trees whose trunks stand partly on the land of two or more coterminous owners belong to them in common.

(2)Trees whose trunks stand wholly upon the land of one owner belong exclusively to that landowner, although their roots grow into the land of another.

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Legislative History

En. Secs. 1294, 1295, Civ. C. 1895; re-en. Secs. 4532, 4533, Rev. C. 1907; re-en. Secs. 6774, 6775, R.C.M. 1921; Cal. Civ. C. Secs. 833, 834; Field Civ. C. Secs. 270, 271; re-en. Secs. 6774, 6775, R.C.M. 1935; R.C.M. 1947, 67-715, 67-716; amd. Sec. 2121, Ch. 56, L. 2009.