Montana Code 76-7-212. Who may enforce easement
76-7-212. Who may enforce easement. (1) The owner of any real property designated as a benefited property in the instrument creating the environmental control easement or the occupant of the benefited real property may maintain an action for enforcement of the easement.
Terms Used In Montana Code 76-7-212
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- easement: means an easement created under this chapter that burdens an environmental control site, that runs with the land, and that is binding on the owner and subsequent owners, lessees, and other users of the land. See Montana Code 76-7-103
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
- Public body: means the state, counties, cities, towns, and other municipalities. See Montana Code 76-7-103
- Qualified private organization: means a private organization:
(a)competent to own interests in real property;
(b)that qualifies and holds a general tax exemption under the federal Internal Revenue Code, 26 U. See Montana Code 76-7-103
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
(2)A public body or a qualified private organization holding an environmental control easement shall enforce the provisions of the easement.
(3)A person or entity specifically named as a beneficiary in the instrument creating the environmental control easement may enforce the provisions of the easement to the extent provided in the instrument.