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  #1  
Old 03-22-2002, 01:31 AM
dkozakoff
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Posts: n/a

Easements


| |________________________________
| | | | |
| | Property A | Property B | Property C |
|R | | | |
|O | | | |
|A | | | |
|D |**********|**********| |
| | Trail 1 | Trail 2 | |
| |__________|__________|__________|
| |

In Montana, Property A grants the owner of Property B an easement for the purpose of ingress to and egress from
Property B over an existing gravel trail (Trail 1) to an existing public road. What is the general rule for who may use this trail?
Certainly, Owner B may use it, as well as anyone living on
Property B. What about visitors to Property B, expected or
unexpected, with legitimate business on Property B? Could Owner B informally allow Property Owner C (see diagram) passage and use of Trail 1 without the consent of Owner A?
If so, can this right of passage be made permanent?
A perhaps related question: If Owner B grants to Owner C a
roadway easement, over Trail 2, across Property B to the beginning of Trail 1, does this confer on Owner C the right to cross Property A?
  #2  
Old 03-22-2002, 12:20 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781

Re: Easements


Quote:
Originally posted by dkozakoff
| |________________________________
| | | | |
| | Property A | Property B | Property C |
|R | | | |
|O | | | |
|A | | | |
|D |**********|**********| |
| | Trail 1 | Trail 2 | |
| |__________|__________|__________|
| |

In Montana, Property A grants the owner of Property B an easement for the purpose of ingress to and egress from
Property B over an existing gravel trail (Trail 1) to an existing public road. What is the general rule for who may use this trail?
Certainly, Owner B may use it, as well as anyone living on
Property B. What about visitors to Property B, expected or
unexpected, with legitimate business on Property B? Could Owner B informally allow Property Owner C (see diagram) passage and use of Trail 1 without the consent of Owner A?
If so, can this right of passage be made permanent?
A perhaps related question: If Owner B grants to Owner C a
roadway easement, over Trail 2, across Property B to the beginning of Trail 1, does this confer on Owner C the right to cross Property A?
**A: please consult with a real estate attorney who needs to review your survey, legal description, tax key maps etc.
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