This is known as a spite fence, and the Montana Supreme Court says this isn't legal. Real property describes the rights and benefits that go together with ownership of physical real estate, and includes the bundle of rights that come with owning real estate. Probate assets include sole ownership property, tenants in common property, or any other asset owned jointly without rights of survivorship. Joint tenancy often works well when couples (married or not) acquire real estate, vehicles, bank accounts or other valuable property together. Implied or Visible Easement. 70 Ch. Property Record Card Enter a property number, assessment code, name or address in the search box to view property characteristics. By refusing to grant an easement, you can block it from coming to fruition. In Montana, ownership of the land doesn’t necessarily give you ownership of what is underground. Property owners have the ability change the locks and remove the squatter’s possessions if the squatter took possession by means of a forcible entry, holds possession by force, or came into possession by trespass without color of title. The Best Tool to Research Mineral Rights in Texas There are many types, but these are some of the features that help define them: Appurtenant versus gross easements: An appurtenant easement allows a property owner access to land that’s only accessible through a neighbor’s land. In Montana, a lease exists wherever there is an agreement to pay rent in exchange for inhabiting a property. Non-probate assets don't have to go through court-supervised probate after the owner dies because there's already a means in place to move the asset from the ownership of the deceased to living individuals. We understand COVID-19 impacts all aspects of our community. In addition to gold, there is abundant silver, coal, and talc. The property rights an easement allows depends on the rules of your specific easement. We have the most comprehensive database of Montana mineral owners available. It doesn’t take a property lawyer to identify the basic categories of rights that come with property ownership. Often, these hunters are eager to gain access to these private lands, but it is important for landowners to remember that they hold the ultimate authority over their property. In property law, owning something means you can enforce legal rights concerning it. Typically, surface rights are in the ownership of private individuals. A Property Owner’s Rights. The Law of Nuisance. Problems arise when, as is often the case, standing water is harmful to land because it floods crops or otherwise interferes with the owner’s use and enjoyment of the land. Many times the ownership of the surface (surface rights) are separated from the subsurface rights (minerals). The owner of mineral rights can sell, lease, gift or bequest them to others individually or entirely. In both instances, the property owner seeking the easement must show proof of strict or absolute necessity. Make sure you verify the licenses of any real estate agents, brokers, or property managers with which you deal. B. For example, a property owner could sell or lease mineral rights but hold on to the right to use the area above ground. Private landowners in Montana hold a good amount of the state’s lands, many of which have caught the eyes of hunters across the country. In Montana, each owner, called a joint tenant, must own an equal share. Property information can also be found at cadastral.mt.gov. To find out who owns mineral rights, you will need to do a property search. Montana requires property managers to be licensed. According to Montant law (Montana Code Tit. The average price of riverfront homes and property for sale in Montana … The easement shall be exempt from assessment and taxation the same as any other property owned by … Find Montana Off-Grid Land for sale. A property owner who grants a conservation or scenic highway preservation easement is entitled to a reduction in tax assessed value based upon the existence of the easement. For example, it is possible to sell or lease rights to all mineral commodities beneath a property and retain rights to the surface. As the owner of a property, you have ultimate control over whether an easement goes into effect. Looking for information on your property? At the risk of oversimplification, this doctrine is generally raised when a neighboring property owner is acting in a manner that can be described as a nuisance. Contractors & suppliers have strong lien rights in Montana. This might mean the mineral owner has the right to drill an oil or natural gas well, or excavate a mine on your property. Available now are recreational, investment, and hunting property in Montana for sale by the owner. License information can be found by contacting the Montana Depart of Labor & Industry. Property owned in joint tenancy automatically passes to the surviving owners when one owner dies. ... State of Montana Property owners will want to know whether there's a utility easement on their land, and, if so, what their property owners' rights actually are. Montana requires a copy of the mechanics lien to be served on the property owner (must be given to each owner of record) prior to the recording of the lien with the county clerk and recorder for the county in which the property is located. The mineral owner is also commonly allowed to build roadways or other improvements necessary to facilitate the mineral extraction. The owner of property on which the standing water sits has complete and exclusive rights to use it. 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