70-17-206. Apportionment of burdens and benefits. Except as provided in 70-1-522, if several persons holding by several titles are subject to the burden or entitled to the benefits of a covenant running with the land, the covenant must be apportioned among them according to the value of the property subject to it held by them respectively if the value can be ascertained and, if not, then according to their respective interests in point of quantity.
History: En. Sec. 1990, Civ. C. 1895; re-en. Sec. 4921, Rev. C. 1907; re-en. Sec. 7423, R.C.M. 1921; Cal. Civ. C. Sec. 1467; Field Civ. C. Sec. 698; re-en. Sec. 7423, R.C.M. 1935; R.C.M. 1947, 58-311; amd. Sec. 5, Ch. 307, L. 2009.
Structure Montana Code Annotated
Chapter 17. Servitudes, Easements, and Covenants Running With the Land
Part 2. Covenants Running With the Land
70-17-202. Covenants specified in this part as exclusive
70-17-203. Covenants that run with land
70-17-204. Who bound by covenant
70-17-205. Nonliability for prior or subsequent breach
70-17-206. Apportionment of burdens and benefits
70-17-207. through 70-17-210 reserved