Property Ownership

In Montana, a prescriptive easement is established by use that is:

APermissive, continuous, and documented in writing
BOpen, notorious, hostile, and continuous for the statutory period✓ Correct
CAgreed upon by adjacent landowners in a written agreement
DRecorded with the county clerk and recorder

Explanation

In Montana, a prescriptive easement requires use that is open (visible), notorious (known or knowable), hostile (without permission), and continuous for the statutory period of 5 years. Unlike adverse possession, it creates an easement right rather than fee title.

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