Montana Easement Deed
County Specific Legal Forms Validated as recently as April 14, 2026 by our Forms Development Team
About the Montana Easement Deed
How to Use This Form
- Select your county from the list on the left
- Download the county-specific form
- Fill in the required information
- Have the document notarized if required
- Record with your county recorder's office
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An easement is the right to use another person's property for a specific purpose. In Montana, any person who has a vested interest in a servient tenement can create a servitude (70-17-104). The land to which the easement is attached is the dominant estate, and the land upon which a burden or servitude (easement) is held is called the servient estate (70-17-103). The extent of the easement is determined by the terms of the grant or the nature of the enjoyment by which it was acquired (70-17-106). A transfer of real property in this state will pass all the easements attached to the property and will create 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 the transfer was agreed upon or completed (70-20-308).
An easement that is obtained for the purpose of exposure of a solar energy device must be created in writing and is subject to the same conveyancing and recording requirements as other easements on real property (70-17-301). Wind easements are also created in the same manner (70-17-403).
An easement deed is required to be in writing and must be signed by the grantor or the grantor's lawful agent authorized in writing. Before the real property instrument can be recorded, the execution of the easement deed must be acknowledged as defined in 1-5-602 of the Montana Code Annotated or proved by subscribing witnesses, which must also be notarized (70-21-203). If the easement deed is acknowledged in a state other than Montana, it can be done before any of the officers listed in MAC 1-5-606, and it will be valid in Montana.
An easement deed that has not been recorded will only be valid between the parties to it and those who have notice thereof (70-21-102). Once the easement deed has been acknowledged or proved, certified, and recorded, it will be deemed to impart constructive notice of the contents thereof from the time it is filed with the county clerk for record (70-21-302). Easement deeds should be recorded in the county where the property is located. If the property is located in more than one county and the easement has been recorded in either of such counties, a certified copy can then be recorded in the other county where the rest of the property lies (70-21-201).
(Montana ED Package includes form, guidelines, and completed example)
How to Use This Form
- Select your county from the list above
- Download the county-specific form
- Fill in the required information
- Have the document notarized if required
- Record with your county recorder's office
What Others Like You Are Saying
"Could not be happier with deeds.com forms. The guide helped more than one can imagine, great resourc…"
"The filled out form could have been placed on the real form then deleted with current info. Form qui…"
"I was unable to end up going through with the deed process on my own as it was out of my realm. I su…"
"Thank you I hope I've done it all right!!"
"It was as I suspected. Very useful."
Common Uses for Easement Deed
- Create a right of way for pedestrian or vehicle access
- Terminate an easement that is no longer needed
- Allow access to a shared well, pond, or water source
- Allow a neighbor to use a portion of your land for parking
- Establish access to a property through a private road
- Grant a neighbor access to a landlocked property
Compare other Montana deed forms and documents
Important: County-Specific Forms
Our easement deed forms are specifically formatted for each county in Montana.
After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.