Property Ownership
In Montana, 'subsurface rights' purchased from a landowner include rights to:
AThe air rights above the property
BAll materials below the surface including oil, gas, coal, minerals, and groundwater, unless specifically excluded✓ Correct
COnly groundwater for irrigation use
DOnly the right to drill one well per parcel
Explanation
Subsurface rights generally include all materials below the surface—oil, gas, coal, hard minerals, gravel, and groundwater rights. Specific minerals may be reserved or excluded in the conveyance, and water rights in Montana must be separately appropriated under prior appropriation.
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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).
EncumbranceAny claim, lien, charge, or liability attached to real property that affects its value or limits its use.
LienA financial claim against a property that serves as security for a debt or obligation, giving the creditor the right to foreclose if unpaid.
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