Montana judge secures bar’s right to use neighboring well

A Yellowstone County judge ruled that Longbranch Bar in the Billings area has a permanent legal right to draw water from a well on neighboring land. The decision ends a trial over property and water rights and preserves a backup water source tied to the bar’s operations.

Why it matters: - The ruling protects Longbranch Bar’s long-term access to water needed to keep the business operating near Ballantine, east of Billings. - The decision also clarifies how Montana courts may treat older property divisions when a utility asset was built to serve one parcel before subdivision. - Fort Courage Holdings must keep the well available as a backup water source, even after losing its challenge to Longbranch’s use of the well.

What happened: - Yellowstone County Judge Ed Zink ruled July 29 for Longbranch Bar, LLC in Fort Courage Holdings, LLC v. Longbranch Bar, LLC. - The Montana Thirteenth Judicial District Court issued findings of fact, conclusions of law and an order after a two-day bench trial held June 4-5. - The court found Longbranch holds a permanent implied easement by preexisting use over the “East Well” on neighboring property owned by Fort Courage Holdings. - Fort Courage had asked the court to declare that Longbranch had no right to the well, to bar use of the well, to quiet title to the water and to award damages for trespass. - The court rejected all four claims.

The details: - The court traced the well’s origin to 2006, when the original owner drilled it specifically to supply the bar before subdividing the land into separate parcels. - Longbranch has used the well continuously and almost exclusively since then, the court found. - The court said the original owner’s intent for the bar to keep using the well was “clear.” - The court ruled Longbranch’s right to the well is superior to Fort Courage’s claimed rights. - The court declined to award Fort Courage attorney fees. - Longbranch must pay to repair a severed water line connecting the well to Fort Courage’s land. - That repair restores Fort Courage’s access to the well as a backup water source. - Attorney Michelle K. Ostrye of Silverman Law Office represented Longbranch Bar and owner Paula Tasker. - Silverman Law Office practices in property, business and civil litigation across Montana. - The firm listed contact information at more information on the firm.

Between the lines: - The ruling leans heavily on historical use and the intent of the original property owner, not just the current property boundaries. - For businesses that depend on infrastructure built before land is split, the case shows how a court can preserve operational access through an implied easement. - The decision also narrows the conflict: Fort Courage lost control arguments over the well, but regained a limited backup-use path through the line repair order.

What's next: - Longbranch keeps its permanent right to use the well unless the ruling is overturned or otherwise altered on appeal. - Fort Courage retains backup access to the well after the water line is repaired. - The case remains identified as Cause No. DV 25-0547.

The bottom line: - A Montana judge decided the well was built for the bar, and that right still stands nearly 20 years later.