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).
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).