Thinking about buying or selling acreage around Three Forks and not sure what the fine print means for your day-to-day life and long-term value? You are not alone. Rural property here can come with covenants, private roads, and shared maintenance that look simple on paper but carry real costs and responsibilities. In this guide, you will learn how covenants work, how to confirm legal access, and what to expect for ongoing maintenance so you can move forward with confidence. Let’s dive in.
Covenants on acreage: what to know
Covenants are recorded rules tied to the property’s deed or subdivision. They can shape how you use the land, what you can build, and how roads and shared areas are managed. In the Three Forks area of Gallatin County, you will often see covenants in rural subdivisions or planned estates outside town.
Where to find covenants
Start by gathering the recorded documents. Ask for the subdivision plat, the recorded CC&Rs, and any amendments. If there is an HOA or POA, request bylaws, rules, recent budgets, and board meeting minutes. These are filed with the Gallatin County Clerk & Recorder, and a title company can pull them as part of your title report.
Typical covenant rules
Covenants often cover:
- Land use limits, such as residential versus agricultural uses or rules for home-based businesses.
- Building rules like setbacks, minimum house size, height, exterior materials, and whether an architectural review is required.
- Livestock and fencing guidelines, along with rules for trailers, RVs, or additional structures.
- Road maintenance obligations, dues, and potential special assessments.
- Short-term rental restrictions where applicable.
- Duration and amendment procedures, sometimes with long initial terms and renewal clauses.
How covenants are enforced and changed
Enforcement is typically handled by other owners or an HOA/POA if one is established. That could include notices, fines, or legal action if allowed by the documents. Before you buy, confirm whether rules have been enforced in practice and whether there are pending disputes, liens, or special assessments. Changes to covenants usually require the percentage vote specified in the recorded documents. A title search and, when needed, an attorney’s review can confirm what applies to your parcel.
Red flags to watch
- Ambiguous or subjective language that creates room for disputes.
- A developer or other party with unilateral power to change rules.
- Road or infrastructure responsibilities without a reserve fund.
- Conflicts between covenants and county or state requirements. Local regulations control, but covenants can be stricter.
Access: public, private, and easements
On acreage near Three Forks, access can be straightforward or complex. Your goal is to confirm you have clear, legal, and practical access that works year-round.
Types of legal access
- Public county roads. If a road is dedicated and accepted by Gallatin County, the county maintains it.
- State highway access. Driveways connecting to state routes or I-90 require permits from the Montana Department of Transportation.
- Private roads in plats not accepted by the county. These remain private, and owners manage upkeep.
- Recorded easements. A deeded right-of-way across neighboring land that shows in the chain of title.
- Prescriptive easements. Created by long-term, open use under specific conditions. These are fact-specific and riskier.
- Implied or unrecorded routes. Avoid relying on these. Seek recorded, express access.
How to verify access
- Review the recorded subdivision plat and any dedication notes to see if a road was offered and accepted by the county.
- Order a title report to confirm recorded easements and any access-related restrictions.
- Commission a current survey, or an ALTA/NSPS survey for higher-value purchases, to map easements and driveways.
- Contact Gallatin County Road & Bridge to confirm if the road is county maintained and the level of service such as snow removal.
- If access involves a state highway, verify the existence and status of an MDT access permit.
Common access issues near Three Forks
- Private roads without year-round maintenance, leading to snow, mud, or dust challenges.
- Gates on ranch roads without clear authority to lock or control access.
- Shared driveways with no written maintenance agreement.
- Parcels that are only accessible across multiple other parcels, where recorded easements are missing or incomplete.
- Subdivision roads that were never accepted by the county, leaving owners responsible for upkeep.
Maintenance: who pays and what it costs
Maintenance planning is just as important as legal access. On rural parcels, many services that are public in town become private responsibilities.
Road maintenance
- Private roads. Owners usually maintain these through a road maintenance agreement, an HOA/POA, or informal cost sharing. Good agreements define frequency and standards for grading and plowing, how to split costs, and how to resolve disputes. They also address liability and reserves.
- Public county roads. Gallatin County Road & Bridge maintains accepted roads. Confirm the service level and schedule for gravel grading and snow removal.
- Road districts. Some areas can use road maintenance districts to share public costs. Ask whether any district or special assessment applies to your property.
Utilities, wells, and septic systems
- Electricity. Service is typically available, but easements and maintenance for private lines vary.
- Propane. Tanks and fueling are private. Plan for tank installation, rental, or purchase and routine inspections.
- Private wells. Obtain well logs and confirm any water rights through the Montana DNRC. Well yield, water quality, and legal water rights are separate considerations.
- Water rights. Surface irrigation or other rights are a separate property interest. Verify ownership, priority, and how rights convey with the land.
- Septic and onsite sewage systems. Permitting and records run through Montana DEQ and local health or permitting offices. Ask for permits, installation records, and pump-out history. For older systems, consider a condition inspection.
Weeds, drainage, and fire mitigation
- Noxious weeds. Gallatin County has weed control rules, and owners are responsible for control on their land. Neglect can trigger enforcement or assessments.
- Culverts and drainage. Responsibility generally follows the road owner. Poor maintenance can cause washouts or liability exposure. Work in stream channels may require permits.
- Wildfire risk. Local fire districts and the county offer guidance on defensible space and may have programs or requirements for mitigation and burn permits.
Financial implications to budget
- Ongoing dues. HOA or POA assessments cover road work and shared amenities. Review budgets and reserve studies if available.
- Special assessments. Aging roads, bridges, or culverts can require one-time contributions if reserves are low.
- Insurance. Confirm your policy covers private roads or shared driveways where you have maintenance responsibility. If there is an HOA, review its liability coverage.
- Property taxes and classification. Agricultural classification can affect taxes, and a change of use may trigger different treatment. Review recent tax statements and ask the county assessor about classification.
A buyer’s pre-closing checklist
Use this short list to reduce surprises and protect your investment.
Gather documents
- Full title report with all recorded easements, liens, and deed restrictions.
- Subdivision plat and any notes referencing covenants.
- CC&Rs, HOA or POA declarations, bylaws, rules, budgets, meeting minutes, and reserve studies if any.
- Road maintenance agreements or proof of county road acceptance and service level.
- Survey or ALTA/NSPS survey showing boundaries, access routes, and easements.
- Septic permits, installation and inspection records, and pump-out history.
- Well log, any well permits, and water right documentation if applicable.
- Building permits and inspection history, plus any open code issues.
- Insurance claim history and any pending litigation involving the parcel or HOA.
- Recent tax statements, special assessments, and any agricultural classification details.
- Environmental constraints such as floodplain maps, wetlands, or conservation easements.
Call the right offices
- Gallatin County Clerk & Recorder for recorded plats, deeds, covenants, and easements.
- Gallatin County Planning & Community Development for subdivision regulations and zoning.
- Gallatin County Road & Bridge to confirm road ownership and maintenance levels.
- Gallatin County public health or permitting office for septic records.
- Montana DEQ for onsite sewage system guidance.
- Montana DNRC for well logs and water rights verification.
- Montana Department of Transportation for access permits to I-90 or state routes.
- A local surveyor, title company, and a real estate attorney experienced in rural Montana property.
Tips for sellers: prep your acreage to reduce friction
If you are selling acreage near Three Forks, a little preparation builds buyer trust and can speed up your timeline.
- Assemble the paper trail. Provide covenants, the plat, any road agreement, HOA documents, well logs, septic records, permits, and recent tax statements.
- Clarify access. Map the access route, note whether the county maintains it, and share any MDT permits if the driveway connects to a state highway.
- Show maintenance history. Document grading, plowing contracts, culvert work, weed control plans, and any reserve contributions.
- Flag improvements. Disclose any recent upgrades or repairs to the road, well, septic, or drainage.
- Be clear on use rights. If livestock or irrigation are allowed or restricted, state it clearly and reference the recorded documents.
How this plays out in Three Forks
The Three Forks area sits northwest of Bozeman near the confluence of major rivers and along I-90. Outside town limits, parcels often lie within rural subdivisions with private roads, recorded covenants, and shared maintenance. Some properties access state routes or the interstate, which can involve MDT permits. The key for you is to confirm if your road is county accepted and maintained, or fully private. If it is private, expect to budget for grading, snow removal, and periodic capital work like culverts.
For water and wastewater, count on private wells and septic systems. You will want the well log, any water right documentation where applicable, and septic permitting and service records. Many owners also manage noxious weeds and take steps to create defensible space against wildfire risk. These tasks become part of your annual operating plan.
Work with a local advisor who knows acreage
Acreage deals are different from in-town homes. You need accurate records, clear access, and a realistic maintenance budget so your property performs the way you expect. If you are weighing parcels near Three Forks or preparing your land for market, let’s talk through the covenants, access, and maintenance details early. That way, you avoid surprises and present your property with confidence.
Ready to move forward with clarity? Schedule a consultation with Courtney King to map your next steps.
FAQs
What are covenants on Three Forks acreage?
- Covenants are recorded rules tied to the property that can limit uses, guide building standards, and assign maintenance obligations; review the plat, CC&Rs, and any HOA or POA documents before you buy.
How can I verify legal road access in Gallatin County?
- Order a title report showing a recorded easement or a county-accepted public road, then confirm with a current survey and check with Gallatin County Road & Bridge for maintenance status.
Who maintains private roads near Three Forks?
- Owners who use the road typically share costs through a road maintenance agreement, an HOA or POA, or a written cost-sharing plan that defines standards and reserves.
Do I need permits for a driveway onto I-90 or a state route?
- Yes, the Montana Department of Transportation regulates access to state highways and interstates; verify that an access permit exists and is in good standing.
What should I request for wells, septic, and water rights?
- Ask for the well log, any water right documentation, and septic permits and inspection history; verify water rights through the Montana DNRC and review records with local permitting offices.
What ongoing costs should I budget on rural land?
- Budget for grading and snow removal on private roads, culvert or drainage work, HOA or POA dues or special assessments, septic maintenance, well service, weed control, and appropriate insurance coverage.
