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.
Structure Montana Code Annotated
Title 23. Parks, Recreation, Sports, and Gambling
Part 3. Recreational Use of Streams
23-2-302. Recreational use permitted -- limitations -- exceptions
23-2-303. through 23-2-308 reserved
23-2-309. Land title unaffected
23-2-311. Right to portage -- establishment of portage route
23-2-312. Access to surface waters by public bridge or county road right-of-way
23-2-313. Fencing for livestock control and public passage -- negotiation -- costs
23-2-314. through 23-2-320 reserved
23-2-321. Restriction on liability of landowner and supervisor
23-2-322. Prescriptive easement not acquired by recreational use of surface waters