Montana Title 70. Property § 70-17-101. Servitudes attached to land

The following land burdens or servitudes upon land may be attached to other land as incidents or appurtenances and are then called easements:

(1) the right of pasture;

(2) the right of fishing;

(3) the right of taking game;

(4) the right-of-way;

(5) the right of taking water, wood, minerals, and other things;

(6) the right of transacting business upon land;

(7) the right of conducting lawful sports upon land;

(8) the right of receiving air, light, or heat from or over or discharging the same upon or over land;

(9) the right of receiving water from or discharging the same upon land;

(10) the right of flooding land;

(11) the right of having water flow without diminution or disturbance of any kind;

(12) the right of using a wall as a party wall;

(13) the right of receiving more than natural support from adjacent land or things affixed thereto;

(14) the right of having the whole of a division fence maintained by a coterminous owner;

(15) the right of having public conveyances stopped or of stopping the same on land;

(16) the right of a seat in church;

(17) the right of burial;

(18) the right of conserving open space to preserve park, recreational, historic, aesthetic, cultural, and natural values on or related to land;

(19) the right of receiving sunlight or wind for recognized nonfossil forms of energy generation;  and

(20) the right of using land adjacent to a firearms shooting range as a range safety zone.


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