Collins v. Swinger

Summary

The Montana Supreme Court affirmed a district court judgment recognizing an implied ditch easement over the defendants' property and enjoining interference with the easement. The court held that Montana Code Annotated § 70-17-112 protects easements by implication and awarded the prevailing respondent appellate costs and attorney's fees. The decision was designated noncitable precedent and remanded for determination of costs and fees.

Holdings

1. The District Court correctly concluded that a ditch easement by implication arose when the common ownership of the Collins and Swinger parcels was severed in 1948.
2. Montana Code Annotated § 70-17-112 protects easements by implication from interference; its reference to easements obtained by prescription or conveyance is not an exclusive limitation on the statute's scope.
3. The District Court did not err by adopting Collins's proposed findings of fact because the findings were sufficiently comprehensive and pertinent, supported by substantial evidence, and not clearly erroneous.

Questions Presented

1. Whether the District Court erred in concluding that a ditch easement by implication existed over the Swingers' property.
2. Whether Montana Code Annotated § 70-17-112 applies to easements by implication.
3. Whether the District Court erred by adopting Collins's proposed findings of fact.

Disposition

affirmed