liability of ingress easement?

What is the name of your state? Montana, Deer Lodge County. Deed reads "Subject to : Easement dated Sept 23, 1969, ...for road known as Barrell Springs Road: Lack of ingress or egress by virtue of a lack of dedicated streets or roads."

Reservation to Seller, their heirs etc for a 60 foot easemebnt for unimpeded access over and across prior and existing roads for ingress and egress to adjoining property, and an easement over and through subject property for utilities: and granting to the Purchaser, their eirs etc, an easement for ingress and egress over and across all roads which the seller herein has the right to travel to reach subject property."

Question is: My place is at the main entrance on Barrell Springs Road. There are three other access gates on other sides of the section as well. Ingress/egress roads run through my property to other parcels. 1) who is to maintain ingress roads- those who use or those who own the parcel the road travels through? 2) Does "ingress and egress" road mean that neighbors can race back and forth on the ingress road through my land on racing dirtbikes? 3) Who is responsible if this kid wrecks his bike due to a pothole on the ingress/egress road through my land? Many thanks in advance, Kathleen

ingress egress or recreational use?

State of Montana, county of Deer Lodge: When deed states access road for ingress and egress does that also give persons the right to use the road for recreational purposes, like racing dirt bikes or snowmobiles or going back and forth repeatedly to hunt for wild animals or to shoot guns? thanks, kathleen

sisterpine said:

What is the name of your state? Montana, Deer Lodge County. Deed reads "Subject to : Easement dated Sept 23, 1969, ...for road known as Barrell Springs Road: Lack of ingress or egress by virtue of a lack of dedicated streets or roads."

Reservation to Seller, their heirs etc for a 60 foot easemebnt for unimpeded access over and across prior and existing roads for ingress and egress to adjoining property, and an easement over and through subject property for utilities: and granting to the Purchaser, their eirs etc, an easement for ingress and egress over and across all roads which the seller herein has the right to travel to reach subject property."

Question is: My place is at the main entrance on Barrell Springs Road. There are three other access gates on other sides of the section as well. Ingress/egress roads run through my property to other parcels. 1) who is to maintain ingress roads- those who use or those who own the parcel the road travels through?

**A: that should be stated in the easement agreement.
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2) Does "ingress and egress" road mean that neighbors can race back and forth on the ingress road through my land on racing dirtbikes?


**A: no.
************
3) Who is responsible if this kid wrecks his bike due to a pothole on the ingress/egress road through my land? Many thanks in advance, Kathleen

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**A: the property owner primarily and the easement beneficiary.

Montana laws please. Thank you for the quick response. I understand you to say that maintanence of ingress road is normally stated in the easement agreement (is not stated in this case). And that I, as the land owner am responsible if the neighbors kid racing his bike is injured on my property. Also that neighbors do not have right to access this road for entertainment and amusement purposes. Thanks again, this helps a great deal! Kathleen

Try speed bumps.

nextwife said:

Try speed bumps.

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Children make good speed bumps

sisterpine said:

Montana laws please. Thank you for the quick response. I understand you to say that maintanence of ingress road is normally stated in the easement agreement (is not stated in this case). And that I, as the land owner am responsible if the neighbors kid racing his bike is injured on my property. Also that neighbors do not have right to access this road for entertainment and amusement purposes. Thanks again, this helps a great deal! Kathleen

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**A: when it is not stated in the agreement, the maint. of an easement would then be negotiated between the parties.

liaibility of ingress easement

Regarding the below letter I am in no way sending it and advising my neighbors that I am liable in any way!!!!
The plan is to show this letter to a local RE lawyer and if approved, send it to all property owners not just the offender. Here is what I am thinking of sending out, any comments welcome and appreciated. Kathleen in Montana

Dear Section 19 Property Owner

I had a discussion last weekend with Pat Campbell that got me to thinking about certain liability issues relating to roads traveling through our property. With regard to these issues I have contacted an Attorney and have been advised that the following applies to ingress/egress roads in Montana, Deer Lodge County.

1) We were both correct in assuming that we all have the legal right to use the roads for ingress and egress from our individual properties. However I have also learned that this does not include any rights by any of us to use these same roads for any other purposes. These “other” purposes including the riding any vehicle of any kind back and forth for purposes of entertainment, among other things. While we have the right to use to road to visit neighbors and travel to and from our own properties that is the extent of the right.

2) The attorney also advised me that if anyone who is using the roads for purposes other than ingress/egress is injured while driving/riding on our property the land owner , (us) ,whose road is being passed through at the time of the accident/injury may be partially liable, along with the person doing the riding or driving. The same holds true should someone passing through our property injure our property in any way, then the party doing the injuring is held responsible for damages done to the road or personal property or animals etc.

3) Also that the maintenance of the roads permitting ingress and egress are to be maintained by the beneficiary of the road, though the property owner may, of course, also provide maintenance of the road. We could, of course, also come up with a road care agreement between us all and get it legalized.

All of this basically means that you and I and everyone else have the legal right to prohibit others from using the roads for reasons other than ingress/egress. Such as hunting, playing, etc.

Our main concern is the safety of persons using the roads through our property as well as damage to their vehicles and my animals. To this extent I am asking that minors not drive on the roads going through our property except to enter your property upon their arrival and exit. We have no issue with anyone riding through on their bikes, 4 wheelers, snowmobiles to go for a ride as long as they are accompanied by at least one adult property owner. That way if there is an incident of any kind I can be assured that a responsible adult is present to handle the situation in a reasonable and safe manner.

If there are trees along my road that contact your motor vehicles in the normal course of travel please feel free to trim back the branches and leave the debris along side the road. I will clean it up myself. I do not want to have anyone’s vehicles damaged in this manner.

We will, of course do the same on areas of the road that we use that pass through your property. Please let me know if you want the debris placed anywhere else nearby.

My husband and I intend to remain good considerate neighbors to all persons living and using this mountain and rather than have misunderstandings keep cropping up we thought it best to seek legal advice and to advise all others of our concerns and wishes.

Sincerely, your mountain neighbors~