Legal Question in Real Estate Law in Montana

Re: land easement

Your question is not entirely clear to me, but generally an adjacent land owner must have provided a written and recordable easement for access to or use of his land PRIOR to his death. After that death it is too late.

Easements are notarized written permissions for someone to utilize a portion of the land for which the easement is given. There is no such thing as a verbal easement enforceable in the law.

If you are using a portion of someone else's land and the landowner dies without having given a written, recordable easement, then you lose the easement. Only if the successor landowner grants you a similar easement will you be able to go back upon the land without hassle.

One can sue for condemnation for an easement by adverse possession or long-term [10 years] public use, but this is done only as a last resort and is a major legal undertaking.

If you provide more specific information about your problem I will be glad to respond further.

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