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Montana Statewide Rule

Montana Adverse Possession (Squatters' Rights)

Heavy RestrictionsApplies statewide across Montana (2026)

Key Facts

Occupancy period
5 continuous years
Tax payment
Required: all taxes for the full period
Possession quality
Open, notorious, exclusive, hostile
Tenant time
Never counts (permissive)
Governing statute
Mont. Code Ann. § 70-19-411
Last verified: September 5, 2026

Summary

Montana adverse possession is hard to establish. Under Mont. Code Ann. § 70-19-411, a claimant must occupy and claim the land continuously for 5 years and must have paid all state, county, and municipal taxes legally levied on the land throughout that period. A trespasser who never pays the taxes gains nothing.

In no case shall adverse possessions be considered established under this code unless it shall be shown that the land has been occupied and claimed for a period of 5 years continuously and the party or persons, their predecessors, and grantors have during such period paid all the taxes, state, county, or municipal, which have been legally levied and assessed upon said land.

Full Breakdown

Mont. Code Ann. § 70-19-411 requires that 'the land has been occupied and claimed for a period of 5 years continuously' and that the claimant, predecessors, and grantors 'have during such period paid all the taxes, state, county, or municipal, which have been legally levied and assessed upon said land.' The tax-payment requirement is the key barrier: a mere trespasser who never pays the property taxes cannot perfect title no matter how long they remain. Possession must also be actual, open, notorious, exclusive, and hostile under Montana case law. Because a tenant occupies with permission, time on a lease never counts toward adverse possession against the landlord.

Violations & Penalties

No specific statutory penalty. A holdover tenant or trespasser is removed through the court eviction or ejectment process; without 5 continuous years of possession and full payment of all taxes, no ownership claim arises under § 70-19-411.

Frequently Asked Questions

How long must someone occupy land to claim adverse possession in Montana?
Five continuous years under § 70-19-411, and they must also have paid all taxes legally levied on the land during that entire period.
Do squatters have to pay property taxes in Montana?
Yes. Payment of all state, county, and municipal taxes for the full 5-year period is an express requirement of § 70-19-411; without it, no adverse-possession claim can succeed.
Can a Montana tenant become an owner by staying past the lease?
No. A tenant occupies with permission, so the possession is not hostile and never counts toward adverse possession against the landlord.

Sources

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