Montana Statutes
§ 70-16-204 — Trees On Or Near Boundary
Montana·Title 70 PROPERTY·Ch. 16 RIGHTS AND OBLIGATIONS INCIDENTAL TO OWNERSHIP IN REAL PROPERTY·Part 2 Adjoining Landowners and Boundaries -- Fences
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.
Nearby Sections
15
§ 70-16-102
Rights Of Life Tenant§ 70-16-103
Duties Of Life Tenant§ 70-16-104
Rights Of Tenant For Years Or At Will§ 70-16-106
Action For Waste -- Treble Damages§ 70-16-107
Trespass For Taking Timber§ 70-16-108
Repealed§ 70-16-110
Requirements For Entry On Real Property By Agent Of Homeowners' Association -- Exceptions§ 70-16-201
Owner Of Land Bounded By Water§ 70-16-202
Owner Of Land Bounded By Road§ 70-16-204
Trees On Or Near Boundary