Property Ownership
In Montana, a 'prescriptive easement' is similar to adverse possession in that it requires use that is:
ALicensed and permissive
BOpen, notorious, hostile, and continuous for the statutory period (5 years in Montana)✓ Correct
CUnder a written easement agreement
DCompensated by payment to the property owner
Explanation
A prescriptive easement arises from open, notorious, hostile (without permission), and continuous use of another's property for the statutory period (5 years in Montana), similar to adverse possession but resulting in an easement rather than fee ownership.
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Key Terms to Know
Easement
A non-possessory right to use another person's land for a specific purpose.
Adverse PossessionA doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.
DeedA written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
Chain of TitleThe sequential record of all transfers of ownership for a piece of property from the original patent holder to the present owner.
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