Montana § 70-17-106 Extent Of Servitude

Montana Statutes

§ 70-17-106 — Extent Of Servitude

Montana § 70-17-106

Title 70PROPERTY

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

Part 1Servitudes -- Easements

This text of Montana § 70-17-106 (Extent Of Servitude) 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. § 70-17-106 (2026).

Text

70-17-106 . Extent of servitude.

(1)Except as otherwise provided in 23-2-312 , 23-2-322 , and this section, the extent of a servitude is determined by the terms of the grant or the nature of the enjoyment by which it was acquired.

(2)A servitude granted, either by the terms of the grant or by the nature of the enjoyment, to a local, state, or federal government body for administrative purposes does not create a right to use the servitude for any other purpose unless specifically provided for in writing in the grant.

(3)The holder of a written servitude may not use the servitude to grant additional rights and privileges to a successor or assignee unless the successor or assignee is specifically provided for in writing in the grant.

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70-17-106 . Extent of servitude. (1) Except as otherwise provided in 23-2-312 , 23-2-322 , and this section, the extent of a servitude is determined by the terms of the grant or the nature of the enjoyment by which it was acquired.
(2) A servitude granted, either by the terms of the grant or by the nature of the enjoyment, to a local, state, or federal government body for administrative purposes does not create a right to use the servitude for any other purpose unless specifically provided for in writing in the grant.
(3) The holder of a written servitude may not use the servitude to grant additional rights and privileges to a successor or assignee unless the successor or assignee is specifically provided for in writing in the grant.

Legislative History

En. Sec. 1255, Civ. C. 1895; re-en. Sec. 4512, Rev. C. 1907; re-en. Sec. 6754, R.C.M. 1921; Cal. Civ. C. Sec. 806; Field Civ. C. Sec. 250; re-en. Sec. 6754, R.C.M. 1935; R.C.M. 1947, 67-606; amd. Sec. 2, Ch. 453, L. 2021.