70-16-204. Trees on or near boundary. (1) Trees whose trunks stand partly on the land of two or more coterminous owners belong to them in common.
(2) Trees whose trunks stand wholly upon the land of one owner belong exclusively to that landowner, although their roots grow into the land of another.
History: En. Secs. 1294, 1295, Civ. C. 1895; re-en. Secs. 4532, 4533, Rev. C. 1907; re-en. Secs. 6774, 6775, R.C.M. 1921; Cal. Civ. C. Secs. 833, 834; Field Civ. C. Secs. 270, 271; re-en. Secs. 6774, 6775, R.C.M. 1935; R.C.M. 1947, 67-715, 67-716; amd. Sec. 2121, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 16. Rights and Obligations Incidental to Ownership in Real Property
Part 2. Adjoining Landowners and Boundaries -- Fences
70-16-201. Owner of land bounded by water
70-16-202. Owner of land bounded by road
70-16-203. Adjoining owner's right to lateral and subjacent support -- excavations
70-16-204. Trees on or near boundary
70-16-205. Monuments and fences -- mutual obligation of adjoining owners
70-16-206. Partition fences required -- adjoining lands previously enclosed
70-16-208. Partition fence when common occupancy ceases