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2019 Montana Code Annotated
Title 23. Parks, Recreation, Sports, and Gambling
Chapter 2. Recreation
Part 3. Recreational Use of Streams
23-2-322. Prescriptive easement not acquired by recreational use of surface waters
Universal Citation: MT Code § 23-2-322 (2019)
23-2-322. Prescriptive easement not acquired by recreational use of surface waters. (1) A prescriptive easement is a right to use the property of another that is acquired by open, exclusive, notorious, hostile, adverse, continuous, and uninterrupted use for a period of 5 years.
(2) A prescriptive easement cannot be acquired through:
(a) recreational use of surface waters, including:
(i) the streambeds underlying them;
(ii) the banks up to the ordinary high-water mark; or
(iii) any portage over and around barriers; or
(b) the entering or crossing of private property to reach surface waters.
History: En. Sec. 5, Ch. 556, L. 1985.
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