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·Title 23 PARKS, RECREATION, SPORTS, AND GAMBLING·Ch. 2 RECREATION·Part 3 Recreational Use of Streams

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.

Montana § 23-2-322 (Prescriptive Easement Not Acquired By Recreational Use Of Surface Waters) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.