70-20-308. Easements to pass with property. A transfer of real property passes all easements attached thereto and creates in favor thereof an easement to use other real property of the person whose estate is transferred in the same manner and to the same extent as such property was obviously and permanently used by the person whose estate is transferred for the benefit thereof at the time when the transfer was agreed upon or completed.
History: En. Sec. 1510, Civ. C. 1895; re-en. Sec. 4618, Rev. C. 1907; re-en. Sec. 6865, R.C.M. 1921; Cal. Civ. C. Sec. 1104; Field Civ. C. Sec. 488; re-en. Sec. 6865, R.C.M. 1935; R.C.M. 1947, 67-1607.
Structure Montana Code Annotated
Chapter 20. Transfer of Real Property
70-20-301. Fee simple presumed to pass
70-20-302. After-acquired title to pass by operation of law
70-20-303. Grant conclusive -- exception for good faith purchaser
70-20-304. Implied covenants -- free from encumbrance
70-20-305. Encumbrance defined
70-20-306. Responsibility of heirs of covenantor -- certain warranties abolished
70-20-307. Transfer of land bounded by highway -- what passes
70-20-308. Easements to pass with property
70-20-309. Transfer of owner ousted of possession -- effect
70-20-310. Conveyance in joint tenancy -- right of survivorship
70-20-311. Grant on condition subsequent
70-20-312. Grant on condition precedent
70-20-313. Grant by owner for life or years
70-20-314. Grant of property occupied by tenant
70-20-315. Validation of unacknowledged deeds
70-20-316. Deeds made prior to 1900 -- presumption grantor had no wife