{"data":{"id":"us-mt/23-2-322","jurisdiction":"us-mt","citation":"23-2-322","heading":"Prescriptive easement not acquired by recreational use of surface waters.","body":"(1) A prescriptive easement is a right to use the property of another that is acquired by open, exclusive, notorious, hostile, adverse, continuous, and uninterrupted use for a period of 5 years.\n(2) A prescriptive easement cannot be acquired through:\n(a) recreational use of surface waters, including:\n(i) the streambeds underlying them;\n(ii) the banks up to the ordinary high-water mark; or\n(iii) any portage over and around barriers; or\n(b) the entering or crossing of private property to reach surface waters.","path":["TITLE 23. PARKS, RECREATION, SPORTS, AND GAMBLING","CHAPTER 2. RECREATION","Part 3. Recreational Use of Streams"],"source_url":"https://mca.legmt.gov/bills/mca/title_0230/chapter_0020/part_0030/section_0220/0230-0020-0030-0220.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:49:48Z","sha256":"b6cb7f675013d573823c19d7d5ad988ab0e3507c01f8d9f32a0d417ee8297afe","source_id":"us-mt","stale":false,"prev":"us-mt/23-2-321","next":"us-mt/23-2-401"},"notice":"GroundRules: Original legal text. Not legal advice."}