Legal Question in Real Estate Law in Montana

Re: access through private property

It sounds as though the mining company is attempting to present a case for a prescriptive easement. That is an easement, generally, which is gotten through public use of a road for a period of 10 or more years. The use must be open, hostile and adverse to the interests of the land owner, so use by permission does not qualify.

If the use was restricted to the mining company, and was by permission, then it is difficult to see how they could prevail, particularly if the road was not maintained by public authorities.

Prior use by an unrelated company 50 years ago would not seem to qualify, but the controlling question may be whether or not the mining company has any other options for reasonable access to the property. MT law will not allow them to be land-locked, meaning that if there is no other way to get to their property an easement could be established across your lands.

Of course another consideration from your post seems to be the wetlands issue. If there are plants or animals on the endangered species list or flora or fauna unique to the area, an Environmental Impact Statement under NEPA, the National Environmental Protection Act may be required.

Clearly you need the services of a qualified MT real estate lawyer. If the issue is important to you then you need professional advice. This is not do-it-yourself if you have much at stake.

Best of luck.