Montana § 70-17-106 Extent Of Servitude

Montana Statutes

§ 70-17-106 — Extent Of Servitude

Montana·Title 70 PROPERTY·Ch. 17 SERVITUDES, EASEMENTS, AND COVENANTS RUNNING WITH THE LAND·Part 1 Servitudes -- Easements

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.

Montana § 70-17-106 (Extent Of Servitude) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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.