Property Ownership
In Montana, an easement by necessity is created when:
AThe property owner requests it from the county
BA parcel is landlocked and requires access across neighboring land to reach a public road✓ Correct
CThe owner of a dominant estate pays a fee to the servient estate owner
DA court determines that the easement would be economically beneficial
Explanation
An easement by necessity arises in Montana when a property is landlocked—completely surrounded by other private property with no access to a public road. Courts recognize these implied easements because reasonable access to property is considered a legal necessity.
Related Montana Property Ownership Questions
- In Montana, property that is held in a 'revocable living trust' is:
- In Montana, a 'scenic overlay zone' or 'scenic corridor' may restrict the height and appearance of structures because:
- In Montana, 'air rights' are the rights to the space above a property. A Montana landowner's air rights:
- An appurtenant easement benefits:
- In Montana, a 'partition action' is a legal proceeding that allows:
- An encroachment occurs when:
- In Montana, the doctrine of 'after-acquired title' (estoppel by deed) means that if a grantor conveys property they don't yet own and later acquires title, the title:
- In Montana, a 'perpetual conservation easement' recorded in the county records is binding on:
Practice More Montana Real Estate Questions
1,500+ questions covering all exam topics. Start free — no signup required.
Take the Free Montana Quiz →