Milanovich v. Janicich

Summary

The Montana Supreme Court affirmed a judgment quieting title in Philip John Milanovich to disputed property in Silver Bow County, including land formerly used as a railroad right-of-way. The court also affirmed the determination that Milanovich had acquired prescriptive easements over two roads crossing the Ernest Lode.

Holdings

1. The District Court properly quieted title to Lot 4, Section 30, in favor of Milanovich because the Milwaukee Railroad and its predecessors held only a possessory right-of-way and never received a patent to the land; when railroad operations were abandoned, the property rights reverted to the United States, and Milanovich succeeded to the original patentee's rights.
2. The District Court properly determined that Milanovich established a prescriptive easement over the two roads crossing the Ernest Lode.

Questions Presented

1. Whether the District Court erred by quieting title to Lot 4, Section 30, Township 2 North, Range 7 West, Silver Bow County, in favor of Milanovich.
2. Whether the District Court erred by determining that Milanovich had a prescriptive easement over two roads crossing the Ernest Lode.

Disposition

affirmed