Easement in Montana
State-specific overview · Property & Real Estate
Montana recognizes easements by prescription after five years of open, continuous use without permission.
How Montana treats Easement
Montana law allows easements to be created through prescription (adverse use) if someone uses another's land openly and continuously for five years. This is shorter than many states' adverse possession periods. Easements can also be created by express agreement, implication, or necessity. Montana courts generally enforce easements that benefit the dominant land and burden the servient land fairly.
The general definition of Easement
The right to use someone else's land for a specific purpose, like crossing it or running utilities.
An easement gives one person or entity the legal right to use another person's property in a limited way. For example, a utility company might have an easement to run electric lines under your yard, or a neighbor might have an easement to cross your land to reach their property. The property owner still owns the land but cannot prevent the easement holder from exercising their right.
Read the full Easement entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Montana.