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Montana Code Annotated · § 70-17-102 — Servitudes not attached to land

70-17-102. Servitudes not attached to land

The following land burdens or servitudes upon land may be granted and held though not attached to land:

(1) the right of pasture and of fishing and taking game;

(2) the right of a seat in church;

(3) the right of burial;

(4) the right of taking rents and tolls;

(5) the right-of-way;

(6) the right of taking water, wood, minerals, or other things;

(7) the right of conserving open space to preserve park, recreational, historic, aesthetic, cultural, and natural values on or related to land.

Source notes
History and annotations

En. Sec. 1251, Civ. C. 1895; re-en. Sec. 4508, Rev. C. 1907; re-en. Sec. 6750, R.C.M. 1921; Cal. Civ. C. Sec. 802; Based on Field Civ. C. Sec. 246; re-en. Sec. 6750, R.C.M. 1935; amd. Sec. 17, Ch. 489, L. 1975; R.C.M. 1947, 67-602.

Official source for this version

Source captured 2026-09-26. Open the official source.

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