Montana Supreme Court
Vicevich v. Kultgen
July 28, 20262026 MT 168
Summary
The court affirmed that the Kultgens hold an express 60-foot ingress-and-egress easement benefiting Lot 4, that the easement was neither modified by the 2021 Easement Agreement nor extinguished by abandonment, and that the identified western fence unlawfully obstructed access. It reversed only the generic portion of the remedial order addressing unidentified obstructions and remanded for a more precise judgment. The court also affirmed the $106,209 fee award and awarded the Kultgens reasonable attorney fees incurred on appeal.