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Property Keyed to French
Lyndes v. Green
Citation:
374 Mont. 510 (2014)Facts
The Hertzlers owned property in rural Sweet Grass County, Montana, which they used as a cattle ranch since 1973. To access their property, they regularly crossed Section 27, which was eventually purchased by Jay Lyndes in 1998. The ranch road at issue was part of the historic Bozeman Road from the 1860s, though it was never established as a public road. The Hertzlers used this road ten to twelve times a year to move cattle and for other ranching operations. Prior landowners, including Lyndes’s predecessors, were aware of the Hertzlers’ use but never objected. After Lyndes purchased the property, he attempted to restrict access by locking gates, leading to confrontations with the Hertzlers who maintained they had a right to cross the property. The Hertzlers continued to use the road, sometimes cutting chains on locked gates. Neighboring landowners testified that they believed the Hertzlers had a right to cross the land because it was essential to their ranching operation, and this understanding was consistent with local custom dating back to homesteading days.
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