Montana § 70-19-402 Action Or Defense Arising Out Of Title To Property Or Profits -- Possession Within 5 Years Required

Montana Statutes

§ 70-19-402 — Action Or Defense Arising Out Of Title To Property Or Profits -- Possession Within 5 Years Required

Montana § 70-19-402

Title 70PROPERTY

Ch. 19REAL PROPERTY ACTIONS GENERALLY LIMITATIONS AND ADVERSE POSSESSION

Part 4Limitations and Adverse Possession

This text of Montana § 70-19-402 (Action Or Defense Arising Out Of Title To Property Or Profits -- Possession Within 5 Years Required) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 70-19-402 (2026).

Text

70-19-402 . Action or defense arising out of title to property or profits -- possession within 5 years required. No cause of action or defense to an action, arising out of the title to real property or to rents or profits out of the same, can be effectual unless it appear that the person prosecuting the action or making the defense or under whose title the action is prosecuted or the defense is made or the ancestor, predecessor, or grantor of such person was seized or possessed of the premises in question within 5 years before the commencement of the act in respect to which such action is prosecuted or defense made.

Free access — add to your briefcase to read the full text and ask questions with AI

70-19-402 . Action or defense arising out of title to property or profits -- possession within 5 years required. No cause of action or defense to an action, arising out of the title to real property or to rents or profits out of the same, can be effectual unless it appear that the person prosecuting the action or making the defense or under whose title the action is prosecuted or the defense is made or the ancestor, predecessor, or grantor of such person was seized or possessed of the premises in question within 5 years before the commencement of the act in respect to which such action is prosecuted or defense made.

Legislative History

En. Sec. 30, p. 45, L. 1877; re-en. Sec. 30, 1st Div. Rev. Stat. 1879; re-en. Sec. 30, 1st Div. Comp. Stat. 1887; amd. Sec. 484, C. Civ. Proc. 1895; re-en. Sec. 6433, Rev. C. 1907; re-en. Sec. 9016, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 319; re-en. Sec. 9016, R.C.M. 1935; amd. Sec. 2, Ch. 224, L. 1953; R.C.M. 1947, 93-2505.