Montana § 70-17-101 Servitudes Attached To Land

Montana Statutes

§ 70-17-101 — Servitudes Attached To Land

Montana § 70-17-101

Title 70PROPERTY

Ch. 17SERVITUDES, EASEMENTS, AND COVENANTS RUNNING WITH THE LAND

Part 1Servitudes -- Easements

This text of Montana § 70-17-101 (Servitudes Attached To Land) 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. § 70-17-101 (2026).

Text

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;

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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.

Legislative 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.