Montana § 70-17-206 Apportionment Of Burdens And Benefits

Montana Statutes

§ 70-17-206 — Apportionment Of Burdens And Benefits

Montana § 70-17-206

Title 70PROPERTY

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

Part 2Covenants Running With the Land

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Bluebook

Mont. Code Ann. § 70-17-206 (2026).

Text

70-17-206 . Apportionment of burdens and benefits. Except as provided in 70-1-522 , if several persons holding by several titles are subject to the burden or entitled to the benefits of a covenant running with the land, the covenant must be apportioned among them according to the value of the property subject to it held by them respectively if the value can be ascertained and, if not, then according to their respective interests in point of quantity.

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70-17-206 . Apportionment of burdens and benefits. Except as provided in 70-1-522 , if several persons holding by several titles are subject to the burden or entitled to the benefits of a covenant running with the land, the covenant must be apportioned among them according to the value of the property subject to it held by them respectively if the value can be ascertained and, if not, then according to their respective interests in point of quantity.

Legislative History

En. Sec. 1990, Civ. C. 1895; re-en. Sec. 4921, Rev. C. 1907; re-en. Sec. 7423, R.C.M. 1921; Cal. Civ. C. Sec. 1467; Field Civ. C. Sec. 698; re-en. Sec. 7423, R.C.M. 1935; R.C.M. 1947, 58-311; amd. Sec. 5, Ch. 307, L. 2009.