Property Ownership
Montana recognizes 'surface water rights' under the prior appropriation doctrine, which means:
AThe first person to own the adjacent land automatically owns the water
BThe first person to put water to beneficial use has priority over later users regardless of land location✓ Correct
CWater rights are owned equally by all landowners in a watershed
DWater rights are determined solely by the federal government
Explanation
Montana follows the prior appropriation doctrine for surface water: 'first in time, first in right.' The first person to divert and put water to beneficial use has senior water rights regardless of proximity to the water source, making water rights a critical consideration in Montana property transactions.
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- In Montana, a 'riparian right' historically gave landowners adjacent to a stream the right to use water. Montana now follows prior appropriation. What does this mean for riparian landowners?Property Ownership
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Key Terms to Know
Easement
A non-possessory right to use another person's land for a specific purpose.
Community PropertyIn community property states, most property acquired during marriage is owned equally by both spouses, regardless of who paid for it.
Option ContractA contract giving the buyer the right, but not the obligation, to purchase a property at a specified price within a specified time period.
Right of First RefusalA contractual right giving a party the opportunity to match any offer received before the owner can accept it from a third party.
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