Montana § 70-17-102 Servitudes Not Attached To Land

Montana Statutes

§ 70-17-102 — Servitudes Not Attached To Land

Montana § 70-17-102

Title 70PROPERTY

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

Part 1Servitudes -- Easements

This text of Montana § 70-17-102 (Servitudes Not 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. § 70-17-102 (2026).

Text

70-17-102 . Servitudes not attached to land. The following land burdens or servitudes upon land may be granted and held though not attached to land:

(1)the right of pasture and of fishing and taking game;

(2)the right of a seat in church;

(3)the right of burial;

(4)the right of taking rents and tolls;

(5)the right-of-way;

(6)the right of taking water, wood, minerals, or other things;

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

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70-17-102 . Servitudes not attached to land. The following land burdens or servitudes upon land may be granted and held though not attached to land:
(1) the right of pasture and of fishing and taking game;
(2) the right of a seat in church;
(3) the right of burial;
(4) the right of taking rents and tolls;
(5) the right-of-way;
(6) the right of taking water, wood, minerals, or other things;
(7) the right of conserving open space to preserve park, recreational, historic, aesthetic, cultural, and natural values on or related to land.

Legislative History

En. Sec. 1251, Civ. C. 1895; re-en. Sec. 4508, Rev. C. 1907; re-en. Sec. 6750, R.C.M. 1921; Cal. Civ. C. Sec. 802; Based on Field Civ. C. Sec. 246; re-en. Sec. 6750, R.C.M. 1935; amd. Sec. 17, Ch. 489, L. 1975; R.C.M. 1947, 67-602.