Mont. Code Ann. » TITLE 70. PROPERTY · CHAPTER 16. RIGHTS AND OBLIGATIONS INCIDENTAL TO OWNERSHIP IN REAL PROPERTY · Part 2. Adjoining Landowners and Boundaries -- Fences
Montana Code Annotated

Mont. Code Ann. § 70-16-202 (2026)

Owner Of Land Bounded By Road

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 70
  3. CHAPTER 16
  4. Part 2
  5. 70-16-202 Owner of land bounded by road

TITLE 70. PROPERTY

CHAPTER 16. RIGHTS AND OBLIGATIONS INCIDENTAL TO OWNERSHIP IN REAL PROPERTY

Part 2. Adjoining Landowners and Boundaries -- Fences

Owner Of Land Bounded By Road

70-16-202. Owner of land bounded by road. An owner of land bounded by a road or street is presumed to own to the center thereof, but the contrary may be shown.

History: En. Sec. 1292, Civ. C. 1895; re-en. Sec. 4530, Rev. C. 1907; re-en. Sec. 6772, R.C.M. 1921; Cal. Civ. C. Sec. 831; Field Civ. C. Sec. 268; re-en. Sec. 6772, R.C.M. 1935; R.C.M. 1947, 67-713.

Notes of Decisions
Cited in 6 cases, 1982–2020 · leading case: Wohl v. City of Missoula, 2013 MT 46 (Mont. 2013).
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Wohl v. City of Missoula, 2013 MT 46 (Mont. 2013). · cites it 2× “See § 4530, RCM (1907), now codified at § 70-16-202, MCA (2011); § 4626, RCM (1907), now codified at § 70-20-307, MCA (2011); Herreid v.”
Bailey v. Ravalli Cnty., 653 P.2d 139 (Mont. 1982). · cites it 3× “Section 70-16-202, MCA, provides: “An owner of land bounded by a road or street is presumed to own to the center thereof, but the contrary may be shown.”
Herreid v. Hauck, 839 P.2d 571 (Mont. 1992). · cites it 3× “Section 70-16-202, MCA, states that an owner whose land is bounded by a road is presumed to own to the center of the road unless the contrary is shown.”
Knutson v. Schroeder, 2008 MT 139 (Mont. 2008). · cites it 2× “(1907), now codified at § 70-16-202, MCA, provides that “[a]n owner of land bounded by a road or street is presumed to own to the center thereof ¶12 Stewart originally owned both the properties to the north and to the south of Marshall Street.”
Harbour v. Wanskasmith, 2020 MT 157N (Mont. 2020). · cites it 2× “Code § 1292 (1895) (recodified as § 70-16-202, MCA) (“An owner of land bounded by a road or street is presumed to own to the center thereof, but the contrary may be shown.”
Wilkins v. United States (D. Mont. 2020). “§ 70-16-202 . (/d. at 8-11.) Additionally, she determined that the United State’s easement encroaches on at least five feet of Plaintiffs’ properties.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.