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#1
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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? |
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#2
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Re: EasementsQuote:
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