Montana § 23-2-322 Prescriptive Easement Not Acquired By Recreational Use Of Surface Waters

Montana Statutes

§ 23-2-322 — Prescriptive Easement Not Acquired By Recreational Use Of Surface Waters

Montana § 23-2-322

Title 23PARKS, RECREATION, SPORTS, AND GAMBLING

Ch. 2RECREATION

Part 3Recreational Use of Streams

This text of Montana § 23-2-322 (Prescriptive Easement Not Acquired By Recreational Use Of Surface Waters) 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. § 23-2-322 (2026).

Text

23-2-322 . Prescriptive easement not acquired by recreational use of surface waters.

(1)A prescriptive easement is a right to use the property of another that is acquired by open, exclusive, notorious, hostile, adverse, continuous, and uninterrupted use for a period of 5 years.

(2)A prescriptive easement cannot be acquired through:

(a)recreational use of surface waters, including:

(i)the streambeds underlying them;

(ii)the banks up to the ordinary high-water mark; or

(iii)any portage over and around barriers; or

(b)the entering or crossing of private property to reach surface waters.

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23-2-322 . Prescriptive easement not acquired by recreational use of surface waters. (1) A prescriptive easement is a right to use the property of another that is acquired by open, exclusive, notorious, hostile, adverse, continuous, and uninterrupted use for a period of 5 years.
(2) A prescriptive easement cannot be acquired through:
(a) recreational use of surface waters, including:
(i) the streambeds underlying them;
(ii) the banks up to the ordinary high-water mark; or
(iii) any portage over and around barriers; or
(b) the entering or crossing of private property to reach surface waters.