1. MCA Contents
  2. TITLE 70
  3. CHAPTER 17
  4. Part 2
  5. 70-17-206 Apportionment of burdens and benefits

Montana Code Annotated 2023

TITLE 70. PROPERTY

CHAPTER 17. SERVITUDES, EASEMENTS, AND COVENANTS RUNNING WITH THE LAND

Part 2. Covenants Running With the Land

Apportionment Of Burdens And Benefits

70-17-206. Apportionment of burdens and benefits. Except as provided in 70-1-522, if several persons holding by several titles are subject to the burden or entitled to the benefits of a covenant running with the land, the covenant must be apportioned among them according to the value of the property subject to it held by them respectively if the value can be ascertained and, if not, then according to their respective interests in point of quantity.

History: En. Sec. 1990, Civ. C. 1895; re-en. Sec. 4921, Rev. C. 1907; re-en. Sec. 7423, R.C.M. 1921; Cal. Civ. C. Sec. 1467; Field Civ. C. Sec. 698; re-en. Sec. 7423, R.C.M. 1935; R.C.M. 1947, 58-311; amd. Sec. 5, Ch. 307, L. 2009.