Montana Code Annotated 2021

TITLE 70. PROPERTY

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

Part 1. Servitudes -- Easements

Extent Of Servitude

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.

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.