Conway v. Miller

¶38 I dissent. While the Court recites the correct standards for creating an easement under our easement-by-reference doctrine (see Opinion, ¶¶ 19-21), I believe the Court misapplies those standards in the present case.

¶39 It is a fundamental tenet of property law that an intention to convey or create a particular interest in real property must be clearly expressed in writing (except where the interest arises by operation of law, which is not the case here). Blazer v. Wall, 2008 MT 145, ¶ 69, 343 Mont. 173, 183 P.3d 84; § 70-20-101, MCA. Typically, a seller of land grants or reserves an…