Legal Question in Real Estate Law in Montana

Re: Right of Way

I practice law in California, so if you get a conflicting answer from a Montana attorney (I assume the land is there), by all means go with that. However, I think the law is pretty much the same everywhere on this.

You have granted an easement across your property. Easements are not personal interests; they attach to the property and 'run with the land.' A subsequent owner of the parcel benefitted by the easement acquires the easement, even if the easement isn't mentioned in his deed.

(An exception to the rule that easements run with the land is that if the instrument creating the easement specifically says that the easement terminates upon a transfer of ownership of the benefitted parcel, that provision will govern.)

You may find the rule that easements inure to the benefit of the new owners codified in Montana statutes....try finding Montana Code Annotated 70-20-308 (1985). It may be available on line. I found a footnote reference to it in a treatise on easements.

Sorry to report this, but the easement, once created, isn't gotten rid of so easily. There are other means by which easements terminate or expire, to be sure; if this is a big deal for you, see a Montana attorney.

Re: Right of Way

Ordinarily a right of way like you describe is an easement running with the land and benefiting the dominant estate (the benefited property) What limitations exist depend upon analysis of the language of the conveyance together with the lay out of the properties.

You should have the documents and what maps as are available delivered to an attorney for analysis and advice.