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Montana Title 23. Parks, Recreation, Sports, and Gambling § 23-2-322. Prescriptive easement not acquired by recreational use of surface waters

Current as of January 01, 2024 | Updated by Findlaw Staff

(1) A prescriptive easement is a right to use the property of another that is acquired by open, exclusive, notorious, hostile, adverse, continuous, and uninterrupted use for a period of 5 years.

(2) A prescriptive easement cannot be acquired through:

(a) recreational use of surface waters, including:

(i) the streambeds underlying them;

(ii) the banks up to the ordinary high-water mark; or

(iii) any portage over and around barriers; or

(b) the entering or crossing of private property to reach surface waters.

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Cite this article: FindLaw.com - Montana Title 23. Parks, Recreation, Sports, and Gambling § 23-2-322. Prescriptive easement not acquired by recreational use of surface waters - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-23-parks-recreation-sports-and-gambling/mt-st-23-2-322/

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