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Adverse possession in Montana

In Montana, an owner suing to recover land must show that the owner or a predecessor held or possessed it within 5 years before the suit was filed (Mont. Code Ann. 70-19-401).

Statute text read October 8, 2026 on the state's own code site. A law summary for owners, not legal advice: ask a lawyer licensed in Montana about a real claim.

How long it takes in Montana

Where the possessor's claim rests on a written instrument, 5 years of continued occupation of the property it covers counts as adverse holding (Mont. Code Ann. 70-19-407).

Montana does not treat adverse possession as established unless the land was occupied and claimed for 5 continuous years and the claimant side paid all the taxes levied on it during that time (Mont. Code Ann. 70-19-411).

Sources: MT recovery period; MT written instrument claim; MT taxes required

What the statute requires

Without a written instrument, land counts as possessed only where it was protected by a substantial enclosure or usually cultivated or improved (Mont. Code Ann. 70-19-410).

Source: MT enclosure or cultivation

Land and people the clock does not run against

If the owner is a minor (or under another listed disability) when the right first arises, the time of the disability does not count toward the limitation period (Mont. Code Ann. 70-19-413).

Source: MT disability tolling

Common questions

How many years for adverse possession in Montana?

In Montana, an owner suing to recover land must show that the owner or a predecessor held or possessed it within 5 years before the suit was filed (Mont. Code Ann. 70-19-401).

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