Montana Statutes

§ 70-19-401 — Action For Recovery -- Possession Within 5 Years Required

Montana·Title 70 PROPERTY·Ch. 19 REAL PROPERTY ACTIONS GENERALLY LIMITATIONS AND ADVERSE POSSESSION·Part 4 Limitations and Adverse Possession
70-19-401 . Action for recovery -- possession within 5 years required. An action for the recovery of real property or for the possession of real property may not be maintained unless it appears that the plaintiff or the plaintiff's ancestor, predecessor, or grantor was seized or possessed of the property in question within 5 years before the commencement of the action.

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Legislative History

En. Sec. 29, p. 45, L. 1877; re-en. Sec. 29, 1st Div. Rev. Stat. 1879; re-en. Sec. 29, 1st Div. Comp. Stat. 1887; amd Sec. 483, C. Civ. Proc. 1895; re-en. Sec. 6432, Rev. C. 1907; re-en. Sec. 9015, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 318; re-en. Sec. 9015, R.C.M. 1935; amd. Sec. 1, Ch. 224, L. 1953; amd. Sec. 12, Ch. 263, L. 1975; R.C.M. 1947, 93-2504; amd. Sec. 2137, Ch. 56, L. 2009.

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