Property Ownership
In Montana, an 'appurtenant easement' is an easement that:
AExists independently of any land ownership
BBenefits a specific parcel of land (dominant estate) and automatically transfers with the sale of that parcel✓ Correct
CCan be transferred separately from the land it benefits
DIs created only by written agreement and cannot be implied
Explanation
An appurtenant easement in Montana is attached to and benefits a specific parcel (the dominant estate). When the dominant estate is sold, the easement automatically passes to the new owner—it is not a personal right but a property right that runs with the land.
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Key Terms to Know
Easement
A non-possessory right to use another person's land for a specific purpose.
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.
Fee SimpleThe highest and most complete form of property ownership — absolute ownership with the right to use, sell, or pass the property to heirs.
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