Yellowstone County Easement Deed Form (Montana)

All Yellowstone County specific forms and documents listed below are included in your immediate download package:

Easement Deed Form

Yellowstone County Easement Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Yellowstone County compliant document last validated/updated 9/12/2024

Easement Deed Guide

Yellowstone County Easement Deed Guide

Line by line guide explaining every blank on the form.
Included Yellowstone County compliant document last validated/updated 8/29/2024

Completed Example of the Easement Deed Document

Yellowstone County Completed Example of the Easement Deed Document

Example of a properly completed form for reference.
Included Yellowstone County compliant document last validated/updated 11/1/2024

Guide to Writing an Easement Description

Yellowstone County Guide to Writing an Easement Description

A Description of the Easement will be required. This will show how to write an acceptable description for a Right of Way Easement, which gives access, to and from - point A to point B.
Included Yellowstone County compliant document last validated/updated 9/20/2024

When using these Easement Deed forms, the subject real estate must be physically located in Yellowstone County. The executed documents should then be recorded in the following office:

Yellowstone County Clerk / Recorder

217 North 27th St, Rm 401 / PO Box 35001, Billings, Montana 59107

Hours: 8:00 to 5:00 M-F

Phone: (406) 256-2785

Local jurisdictions located in Yellowstone County include:

  • Acton
  • Ballantine
  • Billings
  • Broadview
  • Custer
  • Huntley
  • Laurel
  • Molt
  • Pompeys Pillar
  • Shepherd
  • Worden

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Yellowstone County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Yellowstone County using our eRecording service.
Are these forms guaranteed to be recordable in Yellowstone County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Yellowstone County including margin requirements, content requirements, font and font size requirements.

Can the Easement Deed forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Yellowstone County that you need to transfer you would only need to order our forms once for all of your properties in Yellowstone County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Montana or Yellowstone County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Yellowstone County Easement Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

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)

Our Promise

The documents you receive here will meet, or exceed, the Yellowstone County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Yellowstone County Easement Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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