reglab/housing_qa huggingface dataset:
MT Code § 70-17-112 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 1. Servitudes -- Easements|70-17-112. Interference with canal or ditch easements prohibited

  70-17-112. Interference with canal or ditch easements prohibited. (1) A person with a canal or ditch easement has a secondary easement to enter, inspect, repair, and maintain a canal or ditch or to operate the appropriation works.   (2) A person may not encroach upon or otherwise impair any easement for a canal or ditch used for irrigation or any other lawful domestic or commercial purpose, including carrying return water.   (3) The provisions of subsection (2) do not apply if the holder of the canal or ditch easement consents in writing to the encroachment or impairment.   (4) Each canal or ditch easement obtained by prescription or conveyance is included within the scope of this section. Nothing in this section establishes a secondary easement where none existed prior to April 14, 1981. This section does not affect contracts or agreements concluded prior to April 14, 1981.   (5) If a legal action is brought to enforce the provisions of this section, the prevailing party is entitled to costs and reasonable attorney fees.   History: En. Sec. 1, Ch. 371, L. 1981; amd. Sec. 1, Ch. 180, L. 2013.
MT Code § 70-17-113 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 1. Servitudes -- Easements|70-17-113. Prohibited easement

  70-17-113. Prohibited easement. If an existing road or road easement provides access to a lot in a platted residential subdivision, the owner of a lot or parcel in a platted residential subdivision may not obtain a prescriptive easement for ingress or egress to the lot if the prescriptive easement crosses other lots or parcels in the platted residential subdivision.  History: En. Sec. 1, Ch. 304, L. 2021.
MT Code § 70-17-114 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 1. Servitudes -- Easements|70-17-114. Easement signage

  70-17-114. Easement signage. The owner of a servient tenement may place private property signage along the servitude boundary to ensure those persons or entities using the servitude understand the servitude boundary.  History: En. Sec. 1, Ch. 453, L. 2021.
MT Code § 70-17-201 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 2. Covenants Running With the Land|70-17-201. Nature and effect

  70-17-201. Nature and effect. Certain covenants contained in grants of estates in real property are appurtenant to such estates and pass with them so as to bind the assigns of the covenantor and to vest in the assigns of the covenantee in the same manner as if they had personally entered into them. Such covenants are said to run with the land.   History: En. Sec. 1983, Civ. C. 1895; re-en. Sec. 4914, Rev. C. 1907; re-en. Sec. 7416, R.C.M. 1921; Cal. Civ. C. Sec. 1460; Field Civ. C. Sec. 691; re-en. Sec. 7416, R.C.M. 1935; R.C.M. 1947, 58-304.
MT Code § 70-17-202 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 2. Covenants Running With the Land|70-17-202. Covenants specified in this part as exclusive

  70-17-202. Covenants specified in this part as exclusive. The only covenants which run with the land are those specified in this part and those which are incidental thereto.   History: En. Sec. 1984, Civ. C. 1895; re-en. Sec. 4915, Rev. C. 1907; re-en. Sec. 7417, R.C.M. 1921; Cal. Civ. C. Sec. 1461; Field Civ. C. Sec. 692; re-en. Sec. 7417, R.C.M. 1935; R.C.M. 1947, 58-305.
MT Code § 70-17-203 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 2. Covenants Running With the Land|70-17-203. Covenants that run with land

  70-17-203. Covenants that run with land. (1) Except as provided in 70-1-522 and 70-17-212, every covenant contained in a grant of an estate in real property that is made for the direct benefit of the property or some part of the property then in existence runs with the land.   (2) Subsection (1) includes:   (a) covenants of warranty, for quiet enjoyment, or for further assurance on the part of the grantor and covenants for the payment of rent or of taxes or assessments upon the land on the part of a grantee;   (b) conservation easements pursuant to 76-6-209;   (c) a dedication of open space as provided in 76-3-509; and   (d) wind easements pursuant to Title 70, chapter 17, part 4.   (3) A covenant for the addition of some new thing to real property or for the direct benefit of some part of the property not then in existence or annexed to the property, when contained in a grant of an estate in the property and made by the covenantor expressly for the covenantor's assigns or to the assigns of the covenantee, runs with the land so far as the assigns mentioned are concerned.   History: En. Secs. 1985, 1986, 1987, Civ. C. 1895; re-en. Secs. 4916, 4917, 4918, Rev. C. 1907; re-en. Secs. 7418, 7419, 7420, R.C.M. 1921; Cal. Civ. C. Secs. 1462, 1463, 1464; Field Civ. C. Secs. 693, 694, 695; re-en. Secs. 7418, 7419, 7420, R.C.M. 1935; R.C.M. 1947, 58-306, 58-307, 58-308; amd. Sec. 2, Ch. 352, L. 2007; amd. Sec. 3, Ch. 307, L. 2009; amd. Sec. 1, Ch. 137, L. 2011; amd. Sec. 9, Ch. 249, L. 2011; amd. Sec. 3, Ch. 259, L. 2011.
MT Code § 70-17-204 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 2. Covenants Running With the Land|70-17-204. Who bound by covenant

  70-17-204. Who bound by covenant. Except as provided in 70-1-522, a covenant running with the land binds only those who acquire the whole estate of the covenantor in some part of the property.   History: En. Sec. 1988, Civ. C. 1895; re-en. Sec. 4919, Rev. C. 1907; re-en. Sec. 7421, R.C.M. 1921; Cal. Civ. C. Sec. 1465; Field Civ. C. Sec. 696; re-en. Sec. 7421, R.C.M. 1935; R.C.M. 1947, 58-309; amd. Sec. 4, Ch. 307, L. 2009.
MT Code § 70-17-205 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 2. Covenants Running With the Land|70-17-205. Nonliability for prior or subsequent breach

  70-17-205. Nonliability for prior or subsequent breach. A person, merely by reason of having acquired an estate subject to a covenant running with the land, is not liable for a breach of the covenant before the person acquired the estate or after the person has parted with the estate or ceased to enjoy its benefits.   History: En. Sec. 1989, Civ. C. 1895; re-en. Sec. 4920, Rev. C. 1907; re-en. Sec. 7422, R.C.M. 1921; Cal. Civ. C. Sec. 1466; Field Civ. C. Sec. 697; re-en. Sec. 7422, R.C.M. 1935; R.C.M. 1947, 58-310; amd. Sec. 2127, Ch. 56, L. 2009.
MT Code § 70-17-206 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 2. Covenants Running With the Land|70-17-206. Apportionment of burdens and benefits

  70-17-206. Apportionment of burdens and benefits. Except as provided in 70-1-522, if several persons holding by several titles are subject to the burden or entitled to the benefits of a covenant running with the land, the covenant must be apportioned among them according to the value of the property subject to it held by them respectively if the value can be ascertained and, if not, then according to their respective interests in point of quantity.   History: En. Sec. 1990, Civ. C. 1895; re-en. Sec. 4921, Rev. C. 1907; re-en. Sec. 7423, R.C.M. 1921; Cal. Civ. C. Sec. 1467; Field Civ. C. Sec. 698; re-en. Sec. 7423, R.C.M. 1935; R.C.M. 1947, 58-311; amd. Sec. 5, Ch. 307, L. 2009.
MT Code § 70-17-207 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 2. Covenants Running With the Land|70-17-207. through 70-17-210 reserved

  70-17-207 through 70-17-210 reserved.
MT Code § 70-17-211 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 2. Covenants Running With the Land|70-17-211. Findings -- purpose

  70-17-211. Findings -- purpose. The legislature finds and declares that transfer fee covenants, as defined in 70-17-212, impair the marketability and transferability of real property by constituting an unreasonable restraint on alienation regardless of the duration of the covenants or the amount of the transfer fees. The purpose of 70-17-212 and this section is to prohibit transfer fee covenants from running with the title to real property or binding subsequent owners of the property under common law or equitable principles.   History: En. Sec. 1, Ch. 259, L. 2011.
MT Code § 70-17-301 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 3. Solar Easements|70-17-301. Creation of solar easements

  70-17-301. Creation of solar easements. An easement obtained for the purpose of exposure of a solar energy device must be created in writing and is subject to the same conveyancing and instrument recording requirements as other easements on real property.   History: En. Sec. 1, Ch. 524, L. 1979.
MT Code § 70-17-302 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 3. Solar Easements|70-17-302. Content of solar easements

  70-17-302. Content of solar easements. An instrument creating a solar easement must specify at least:   (1) the vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property subject to the solar easement; and   (2) any terms or conditions under which the solar easement is granted or will be terminated.   History: En. Sec. 2, Ch. 524, L. 1979.
MT Code § 70-17-303 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 3. Solar Easements|70-17-303. Repealed

  70-17-303. Repealed. Sec. 10, Ch. 249, L. 2011.   History: En. Sec. 2, Ch. 209, L. 1983.
MT Code § 70-17-401 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 4. Wind Energy Easements|70-17-401. Short title

  70-17-401. Short title. This part may be cited as the "Wind Energy Rights Act".   History: En. Sec. 1, Ch. 249, L. 2011.
MT Code § 70-17-402 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 4. Wind Energy Easements|70-17-402. Definitions

  70-17-402. Definitions. As used in this part, the following definitions apply:   (1) "Wind easement" means the right granted by the owner of real property to a wind energy developer guaranteeing the developer the right to use the real property legally described in a wind energy agreement and the wind resource located on and flowing over its surface to develop a wind energy project. A wind easement is an interest in real property.   (2) "Wind energy agreement" means any wind energy lease or license or any other written document entered into between the owner of the real property and the wind energy developer that contains the wind easement.   (3) "Wind energy developer" means the person that enters into a wind option agreement or wind energy agreement with the owner of the real property for the purpose of developing a wind energy project.   (4) "Wind energy right" means an interest in real property on and over which the wind resource is located and flows that is appurtenant to the real property.   (5) "Wind option agreement" means a written agreement in which the owner of real property grants a wind energy developer an exclusive right to obtain a wind easement through a wind energy agreement.   History: En. Sec. 2, Ch. 249, L. 2011.
MT Code § 70-17-403 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 4. Wind Energy Easements|70-17-403. Wind easement creation -- terms

  70-17-403. Wind easement creation -- terms. (1) A property owner may grant a wind easement in the same manner and with the same effect as the conveyance of an interest in real property.   (2) The wind easement runs with the real property on and over which the wind resource flows.   (3) A wind easement terminates under the terms and conditions outlined in the wind easement.   History: En. Sec. 3, Ch. 249, L. 2011.
MT Code § 70-17-404 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 4. Wind Energy Easements|70-17-404. Severance of wind energy rights limited

  70-17-404. Severance of wind energy rights limited. (1) A wind energy right in the wind resource located on and flowing over the real property, including without limitation a royalty, if applicable, associated with the production of wind energy may not be severed from the real property even though a wind easement may be created pursuant to this part.   (2) Nothing in this section may be construed to prohibit or limit the right of a seller of the real property to retain any payments associated with an existing wind option agreement or wind energy agreement.   History: En. Sec. 4, Ch. 249, L. 2011.
MT Code § 70-17-405 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 4. Wind Energy Easements|70-17-405. Wind option agreements -- contents and requirements -- notarization

  70-17-405. Wind option agreements -- contents and requirements -- notarization. (1) A wind option agreement executed after April 21, 2011, must contain but is not limited to:   (a) the names and addresses of the parties to the wind option agreement;   (b) a legal description of the real property subject to the wind option agreement;   (c) the specified term beyond which the wind option agreement terminates and the real property is released from the obligations outlined in the wind option agreement;   (d) compensation for the owner of the real property on and over which the wind resource flows; and   (e) other terms and conditions agreed upon by the owner of the real property and the wind energy developer.   (2) A wind option agreement must be notarized.   (3) A wind option agreement may not exceed 20 years unless extended by agreement of the parties.   History: En. Sec. 5, Ch. 249, L. 2011.
MT Code § 70-17-406 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 4. Wind Energy Easements|70-17-406. Wind energy agreement -- contents and requirements -- notarization

  70-17-406. Wind energy agreement -- contents and requirements -- notarization. (1) A wind energy agreement executed after April 21, 2011, must contain but is not limited to:   (a) the names and addresses of the parties to the wind energy agreement;   (b) a legal description of the real property subject to the wind easement and contained in the wind energy agreement;   (c) the obligations of the owner of the real property to ensure the undisturbed flow of wind on and over the real property, including restrictions placed upon vegetation, structures, and other objects that would impair or obstruct the wind flow on and over the real property. Structures do not include equipment necessary to access minerals as they relate to the rights belonging to or the dominance of the mineral estate pursuant to 70-17-408.   (d) a specified term including the date on which the wind energy agreement or wind easement terminates;   (e) provisions to compensate the owner of the real property for the wind easement;   (f) provisions ensuring that the owner of the real property is not liable for any property tax associated with the wind energy project or other equipment related to the development of the wind energy project during the term of the wind energy agreement;   (g) provisions addressing property owner and wind energy developer liability during the construction and operation of the wind energy project and equipment;   (h) provisions obligating the wind energy developer to comply with federal, state, and local laws and regulations; and   (i) conditions upon which the wind energy agreement may be terminated prior to its termination date.   (2) A wind energy agreement must be notarized.   (3) If the terms of the wind energy agreement do not contain the requirements listed in subsection (1), a court may void the wind energy agreement or order any relief allowed by law.   History: En. Sec. 6, Ch. 249, L. 2011.
MT Code § 70-17-407 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 4. Wind Energy Easements|70-17-407. Wind energy agreements -- grandfather clause

  70-17-407. Wind energy agreements -- grandfather clause. This part may not be construed to alter, amend, diminish, or invalidate wind energy rights acquired by contract, agreement, or lease prior to April 21, 2011.   History: En. Sec. 7, Ch. 249, L. 2011.
MT Code § 70-17-408 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 17. Servitudes, Easements, and Covenants Running With the Land|Part 4. Wind Energy Easements|70-17-408. Preservation of property rights

  70-17-408. Preservation of property rights. This part may not be construed to:   (1) change or alter common law in accordance with 1-1-108 as it relates to the rights belonging to or the dominance of the mineral estate; or   (2) change or alter common law or statutory provisions regarding the ownership of surface or subsurface rights.   (3) Notwithstanding the provisions of this part or a wind energy agreement, the real property owner retains the right to grant easements or rights-of-way for all electric power lines to be located on the property.   History: En. Sec. 8, Ch. 249, L. 2011.
MT Code § 70-18-101 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 18. Real Property -- Accession Fixtures and Watercourses|Part 1. Fixtures|70-18-101. Fixture attached by other -- accession by owner

  70-18-101. Fixture attached by other -- accession by owner. When a person affixes the person's property to the land of another without an agreement permitting the person to remove it, the thing affixed, except as provided in 70-18-102 and in the Uniform Commercial Code, belongs to the owner of the land unless the owner of the land chooses to require the person to remove it.   History: En. Sec. 1400, Civ. C. 1895; re-en. Sec. 4572, Rev. C. 1907; re-en. Sec. 6819, R.C.M. 1921; Cal. Civ. C. Sec. 1013; Based on Field Civ. C. Sec. 442; re-en. Sec. 6819, R.C.M. 1935; amd. Sec. 11-146, Ch. 264, L. 1963; R.C.M. 1947, 67-1301; amd. Sec. 2128, Ch. 56, L. 2009.
MT Code § 70-18-102 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 18. Real Property -- Accession Fixtures and Watercourses|Part 1. Fixtures|70-18-102. Removal of fixture by tenant

  70-18-102. Removal of fixture by tenant. A tenant may remove from the demised premises, any time during the continuance of the tenant's term, anything affixed to the premises for purposes of trade, manufacture, ornament, or domestic use if the removal can be effected without injury to the premises unless the thing has, by the manner in which it is affixed, become an integral part of the premises.   History: En. Sec. 1406, Civ. C. 1895; re-en. Sec. 4578, Rev. C. 1907; re-en. Sec. 6825, R.C.M. 1921; Cal. Civ. C. Sec. 1019; re-en. Sec. 6825, R.C.M. 1935; R.C.M. 1947, 67-1307; amd. Sec. 2129, Ch. 56, L. 2009.
MT Code § 70-18-201 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 18. Real Property -- Accession Fixtures and Watercourses|Part 2. Watercourses|70-18-201. Alluvion or accretion -- increase of bank

  70-18-201. Alluvion or accretion -- increase of bank. Where from natural causes land forms by imperceptible degrees upon the bank of a river or stream, navigable or not navigable, either by accumulation of material or by the recession of the stream, such land belongs to the owner of the bank, subject to any existing right-of-way over the bank.   History: En. Sec. 1401, Civ. C. 1895; re-en. Sec. 4573, Rev. C. 1907; re-en. Sec. 6820, R.C.M. 1921; Cal. Civ. C. Sec. 1014; Field Civ. C. Sec. 443; re-en. Sec. 6820, R.C.M. 1935; R.C.M. 1947, 67-1302.
MT Code § 70-18-202 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 18. Real Property -- Accession Fixtures and Watercourses|Part 2. Watercourses|70-18-202. Repealed

  70-18-202. Repealed. Sec. 3, Ch. 210, L. 2013.   History: En. Sec. 1402, Civ. C. 1895; re-en. Sec. 4574, Rev. C. 1907; re-en. Sec. 6821, R.C.M. 1921; Cal. Civ. C. Sec. 1015; Field Civ. C. Sec. 444; re-en. Sec. 6821, R.C.M. 1935; R.C.M. 1947, 67-1303.
MT Code § 70-18-203 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 18. Real Property -- Accession Fixtures and Watercourses|Part 2. Watercourses|70-18-203. Island formed in navigable stream

  70-18-203. Island formed in navigable stream. Islands and accumulations of land formed in the beds of streams which are navigable belong to the state if there is no title or prescription to the contrary.   History: En. Sec. 1403, Civ. C. 1895; re-en. Sec. 4575, Rev. C. 1907; re-en. Sec. 6822, R.C.M. 1921; Cal. Civ. C. Sec. 1016; Field Civ. C. Sec. 445; re-en. Sec. 6822, R.C.M. 1935; R.C.M. 1947, 67-1304.
MT Code § 70-18-204 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 18. Real Property -- Accession Fixtures and Watercourses|Part 2. Watercourses|70-18-204. Island formed in nonnavigable stream

  70-18-204. Island formed in nonnavigable stream. An island or accumulation of land formed in a stream which is not navigable belongs to the owner of the shore on that side where the island or accumulation is formed or, if not formed on one side only, to the owners of the shore on the two sides, divided by an imaginary line drawn through the middle of the river.   History: En. Sec. 1404, Civ. C. 1895; re-en. Sec. 4576, Rev. C. 1907; re-en. Sec. 6823, R.C.M. 1921; Cal. Civ. C. Sec. 1017; Field Civ. C. Sec. 446; re-en. Sec. 6823, R.C.M. 1935; R.C.M. 1947, 67-1305.
MT Code § 70-18-205 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 18. Real Property -- Accession Fixtures and Watercourses|Part 2. Watercourses|70-18-205. Island formed by division of stream

  70-18-205. Island formed by division of stream. If a stream navigable or not navigable, in forming itself a new arm, divides itself and surrounds land belonging to the owner of the shore and thereby forms an island, the island belongs to such owner.   History: En. Sec. 1405, Civ. C. 1895; re-en. Sec. 4577, Rev. C. 1907; re-en. Sec. 6824, R.C.M. 1921; Cal. Civ. C. Sec. 1018; Field Civ. C. Sec. 447; re-en. Sec. 6824, R.C.M. 1935; R.C.M. 1947, 67-1306.
MT Code § 70-19-101 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 19. Real Property Actions Generally Limitations and Adverse Possession|Part 1. General Provisions|70-19-101. Action defined

  70-19-101. Action defined. The word "action", as used in parts 3 and 4, is to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature.   History: En. Sec. 559, C. Civ. Proc. 1895; re-en. Sec. 6476, Rev. C. 1907; re-en. Sec. 9066, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 363; re-en. Sec. 9066, R.C.M. 1935; R.C.M. 1947, 93-2720.