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10 Montana opinions name it 1 courts 2008–2025 3 in the last five years
The cases below were cited by Montana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Pearson v. Virginia City Ranches Ass'ngreen2 sentences2012Cf. Pearson v. Virginia City Ranches Assn., 2000 MT 12, ¶¶ 1, 9-27 , 298 Mont. 52 , 993 P.2d 688 (the bridle path easement was created for the use of all lot owners in the subdivision). 13 “[w]hile it is optional to use a certificate of survey to describe a reserved easement, once that option is taken, the description of the easement on the certificate of survey must comport with the easement-by-reference doctrine established in Blazer” (emphasis in original). 2012Cf. Pearson v. Virginia City Ranches Assn., 2000 MT 12, ¶¶ 1, 9-27 , 298 Mont. 52 , 993 P.2d 688 (the bridle path easement was created for the use of all lot owners in the subdivision). 13 “[w]hile it is optional to use a certificate of survey to describe a reserved easement, once that option is taken, the description of the easement on the certificate of survey must comport with the easement-by-reference doctrine established in Blazer” (emphasis in original). | 3 | 3 |
Tungsten Holdings, Inc. v. Parkergreen2 sentences2008We explained that “[e]asements by reservation must be created or reserved in writing” and “Tungsten can point to no deed or plat which contains any language dedicating or identifying lot 34 as a roadway.” Tungsten Holdings, 282 Mont. at 390 , 938 P.2d at 643 . ¶38 We discussed an important limitation on the easement-by-reference doctrine in Ruana v. Grigonis, 275 Mont. 441 , 913 P.2d 1247 (1996). 2008We explained that “[e]asements by reservation must be created or reserved in writing” and “Tungsten can point to no deed or plat which contains any language dedicating or identifying lot 34 as a roadway.” Tungsten Holdings, 282 Mont. at 390 , 938 P.2d at 643 . ¶38 We discussed an important limitation on the easement-by-reference doctrine in Ruana v. Grigonis, 275 Mont. 441 , 913 P.2d 1247 (1996). | 2 | 3 |
Halverson v. Turnergreen2 sentences2008The Court’s analysis of whether an easement exists to benefit Tract 4 misstates our previous easement-by-reference decisions, and confounds this already complicated body of law. ¶80 I agree with the Court’s summary of the easement-by-reference rule that an express easement is created “where the deed refer[s] to a plat or certificate of survey on which the easement [is] clearly depicted and labeled as burdening an identifiable servient tenement for the benefit of an identifiable dominant tenement.” Opinion, ¶ 52; accord Pearson v. Virginia City Ranches Ass’n, 2000 MT 12, ¶ 21 , 298 Mont. 52, ¶ 2008The Court’s analysis of whether an easement exists to benefit Tract 4 misstates our previous easement-by-reference decisions, and confounds this already complicated body of law. ¶80 I agree with the Court’s summary of the easement-by-reference rule that an express easement is created “where the deed refer[s] to a plat or certificate of survey on which the easement [is] clearly depicted and labeled as burdening an identifiable servient tenement for the benefit of an identifiable dominant tenement.” Opinion, ¶ 52; accord Pearson v. Virginia City Ranches Ass’n, 2000 MT 12, ¶ 21 , 298 Mont. 52, ¶ | 2 | 2 |
Bache v. Owensgreen2 sentences2008The Court’s analysis of whether an easement exists to benefit Tract 4 misstates our previous easement-by-reference decisions, and confounds this already complicated body of law. ¶80 I agree with the Court’s summary of the easement-by-reference rule that an express easement is created “where the deed refer[s] to a plat or certificate of survey on which the easement [is] clearly depicted and labeled as burdening an identifiable servient tenement for the benefit of an identifiable dominant tenement.” Opinion, ¶ 52; accord Pearson v. Virginia City Ranches Ass’n, 2000 MT 12, ¶ 21 , 298 Mont. 52, ¶ 2008The Court’s analysis of whether an easement exists to benefit Tract 4 misstates our previous easement-by-reference decisions, and confounds this already complicated body of law. ¶80 I agree with the Court’s summary of the easement-by-reference rule that an express easement is created “where the deed refer[s] to a plat or certificate of survey on which the easement [is] clearly depicted and labeled as burdening an identifiable servient tenement for the benefit of an identifiable dominant tenement.” Opinion, ¶ 52; accord Pearson v. Virginia City Ranches Ass’n, 2000 MT 12, ¶ 21 , 298 Mont. 52, ¶ | 2 | 2 |
State v. Sanchezgreen2 sentences2012Cf. Pearson v. Virginia City Ranches Assn., 2000 MT 12, ¶¶ 1, 9-27 , 298 Mont. 52 , 993 P.2d 688 (the bridle path easement was created for the use of all lot owners in the subdivision). 13 “[w]hile it is optional to use a certificate of survey to describe a reserved easement, once that option is taken, the description of the easement on the certificate of survey must comport with the easement-by-reference doctrine established in Blazer” (emphasis in original). 2008The Court’s analysis of whether an easement exists to benefit Tract 4 misstates our previous easement-by-reference decisions, and confounds this already complicated body of law. ¶80 I agree with the Court’s summary of the easement-by-reference rule that an express easement is created “where the deed refer[s] to a plat or certificate of survey on which the easement [is] clearly depicted and labeled as burdening an identifiable servient tenement for the benefit of an identifiable dominant tenement.” Opinion, ¶ 52; accord Pearson v. Virginia City Ranches Ass’n, 2000 MT 12, ¶ 21 , 298 Mont. 52, ¶ | 1 | 3 |
Broadwater Development, L.L.C. v. Nelsongreen2 sentences2013See Bache, 267 Mont, at 283-86 , 883 P.2d at 820-22 ; Halverson v. Turner, 268 Mont. 168, 172-74 , 885 P.2d 1285, 1288-89 (1994); Ruana, 275 Mont. at 449 , 913 P.2d at 1253 ; Tungsten Holdings, Inc. v. Parker, 282 Mont. 387, 390 , 938 P.2d 641, 642 (1997); Pearson v. Virginia City Ranches Assn., 2000 MT 12, ¶¶ 19-20, 26 , 298 Mont. 52 , 993 P.2d 688 ; Blazer , ¶¶ 30-43; Conway v. Miller, 2010 MT 103, ¶ 19 , 356 Mont. 231 , 232 P.3d 390 ; Davis , ¶ 19; see also Broadwater Dev., LLC v. Nelson, 2009 MT 317 , ¶ 26, 352 Mont. 401 , 219 P.3d 492 . ‘When the deed itself contains no language reserving 2013See Bache, 267 Mont, at 283-86 , 883 P.2d at 820-22 ; Halverson v. Turner, 268 Mont. 168, 172-74 , 885 P.2d 1285, 1288-89 (1994); Ruana, 275 Mont. at 449 , 913 P.2d at 1253 ; Tungsten Holdings, Inc. v. Parker, 282 Mont. 387, 390 , 938 P.2d 641, 642 (1997); Pearson v. Virginia City Ranches Assn., 2000 MT 12, ¶¶ 19-20, 26 , 298 Mont. 52 , 993 P.2d 688 ; Blazer , ¶¶ 30-43; Conway v. Miller, 2010 MT 103, ¶ 19 , 356 Mont. 231 , 232 P.3d 390 ; Davis , ¶ 19; see also Broadwater Dev., LLC v. Nelson, 2009 MT 317 , ¶ 26, 352 Mont. 401 , 219 P.3d 492 . ‘When the deed itself contains no language reserving | 1 | 1 |
United States v. Gates of the Mountains Lakeshore Homes, Inc., and Mountain States Telephone & Telegraph Company, Defendants-Intervenors-Appelleesgreen2 sentences2008Cir. 2005); United States v. Gates of the Mountains Lakeshore Homes, Inc., 732 F.2d 1411, 1413 (9th Cir. 1984), and at no point in their respective arguments does OLR or the Dissent produce any authority establishing that under Montana law in 1896, a public road could be created merely by referring in a federal land patent to a mineral survey depicting a road labeled “ROAD.” Rather, OLR and the Dissent simply assume that a public road could be created in this manner—an assumption that the Landowners correctly dispute. 29 ¶44 Nevertheless, because the easement-by-reference doctrine is the sole 2008Cir. 2005); United States v. Gates of the MountainsLakeshoreHomes, Inc., 732 F.2d 1411,1413 (9th Cir. 1984), and at no point in their respective arguments does OLR or the Dissent produce any authority establishing that under Montana law in 1896, a public road could be created merely by referring in a federal land patent to a mineral survey depicting a road labeled “ROAD.” Rather, OLR and the Dissent simply assume that a public road could be created in this manner-an assumption that the Landowners correctly dispute. ¶44 Nevertheless, because the easement-by-reference doctrine is the sole basis | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ruana v. Grigonis
green
2 sentences2008Ruana, 275 Mont. at 449 , 913 P.2d at 1252-53 . ¶29 Given that there is no language in the Davis-Lockman deed expressly reserving an easement, Blazer relies on the reference in the deed to “Tract 1 of Certificate of Survey No. 4446.” The Waldhers argue, however, that COS 4446 does not satisfy the requisites of this Court’s easement-by-reference doctrine. 2008Ruana, 275 Mont. at 449 , 913 P.2d at 1252-53 . ¶29 Given that there is no language in the Davis-Lockman deed expressly reserving an easement, Blazer relies on the reference in the deed to “Tract 1 of Certificate of Survey No. 4446.” The Waldhers argue, however, that COS 4446 does not satisfy the requisites of this Court’s easement-by-reference doctrine. | 3 | 2008–2013 |
Kuhlman v. Rivera
green
2 sentences2009Kuhlman, 216 Mont. at 359 , 701 P.2d at 985 , or by referring in an instrument of conveyance to a recorded plat or certificate of survey on which the easement is adequately described (the easement-by-reference doctrine), see Blazer, ¶¶ 40-41. 2009Kuhlman, 216 Mont. at 359 , 701 P.2d at 985 , or by referring in an instrument of conveyance to a recorded plat or certificate of survey on which the easement is adequately described (the easement-by-reference doctrine), see Blazer, ¶¶ 40-41. | 3 | 2009–2009 |
Yorlum Properties, Ltd. v. Lincoln County
green
2 sentences2023This Court has recognized the easement-by-reference doctrine, where "an express easement may be created by referring in an instrument of conveyance to a recorded plat or certificate of survey on which the easement is adequately described." Yorlum Props. v. Lincoln County, 2013 MT 298, ¶ 16 , 372 Mont. 159 , 311 P.3d 748 . 2023This Court has recognized the easement-by-reference doctrine, where "an express easement may be created by referring in an instrument of conveyance to a recorded plat or certificate of survey on which the easement is adequately described." Yorlum Props. v. Lincoln County, 2013 MT 298, ¶ 16 , 372 Mont. 159 , 311 P.3d 748 . | 2 | 2023–2025 |
McCann v. McCann
green
2 sentences2022McCann v. McCann, 2018 MT 207, ¶ 13 , 392 Mont. 385 , 425 P.3d 682 . 2022McCann v. McCann, 2018 MT 207, ¶ 13 , 392 Mont. 385 , 425 P.3d 682 . | 1 | 2022–2022 |
Conway v. Miller
green
2 sentences2013See Bache, 267 Mont, at 283-86 , 883 P.2d at 820-22 ; Halverson v. Turner, 268 Mont. 168, 172-74 , 885 P.2d 1285, 1288-89 (1994); Ruana, 275 Mont. at 449 , 913 P.2d at 1253 ; Tungsten Holdings, Inc. v. Parker, 282 Mont. 387, 390 , 938 P.2d 641, 642 (1997); Pearson v. Virginia City Ranches Assn., 2000 MT 12, ¶¶ 19-20, 26 , 298 Mont. 52 , 993 P.2d 688 ; Blazer , ¶¶ 30-43; Conway v. Miller, 2010 MT 103, ¶ 19 , 356 Mont. 231 , 232 P.3d 390 ; Davis , ¶ 19; see also Broadwater Dev., LLC v. Nelson, 2009 MT 317 , ¶ 26, 352 Mont. 401 , 219 P.3d 492 . ‘When the deed itself contains no language reserving 2013See Bache, 267 Mont, at 283-86 , 883 P.2d at 820-22 ; Halverson v. Turner, 268 Mont. 168, 172-74 , 885 P.2d 1285, 1288-89 (1994); Ruana, 275 Mont. at 449 , 913 P.2d at 1253 ; Tungsten Holdings, Inc. v. Parker, 282 Mont. 387, 390 , 938 P.2d 641, 642 (1997); Pearson v. Virginia City Ranches Assn., 2000 MT 12, ¶¶ 19-20, 26 , 298 Mont. 52 , 993 P.2d 688 ; Blazer , ¶¶ 30-43; Conway v. Miller, 2010 MT 103, ¶ 19 , 356 Mont. 231 , 232 P.3d 390 ; Davis , ¶ 19; see also Broadwater Dev., LLC v. Nelson, 2009 MT 317 , ¶ 26, 352 Mont. 401 , 219 P.3d 492 . ‘When the deed itself contains no language reserving | 1 | 2013–2013 |
Leo Sheep Co. v. United States
green
2 sentences2008The Dissent would do so without regard for “the special need for certainty and predictability where land titles are concerned,” Leo Sheep, 440 U.S. at 687 , 99 S. Ct. at 1413 , and without regard for “the substantial impact” that implying rights-of-way would have on property rights granted over 100 years ago, Leo Sheep, 440 U.S. at 682 , 99 S. Ct. at 1411 . ¶67 As a matter of construing the federal government’s intent in issuing the Cobban Placer patent, we may not upset long-settled expectations to accommodate a vague and unsubstantiated right to construct a 60-foot-wide public highway withou 2008The Dissent would do so without regard for “the special need for certainty and predictability where land titles are concerned,” Leo Sheep, 440 U.S. at 687 , 99 S. Ct. at 1413 , and without regard for “the substantial impact” that implying rights-of-way would have on property rights granted over 100 years ago, Leo Sheep, 440 U.S. at 682 , 99 S. Ct. at 1411 . ¶67 As a matter of construing the federal government’s intent in issuing the Cobban Placer patent, we may not upset long-settled expectations to accommodate a vague and unsubstantiated right to construct a 60-foot-wide public highway withou | 1 | 2008–2008 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.