Montana § 70-19-407 Occupancy Under Claim Founded On Instrument Or Judgment -- When Considered Adverse

Montana Statutes

§ 70-19-407 — Occupancy Under Claim Founded On Instrument Or Judgment -- When Considered Adverse

Montana § 70-19-407

Title 70PROPERTY

Ch. 19REAL PROPERTY ACTIONS GENERALLY LIMITATIONS AND ADVERSE POSSESSION

Part 4Limitations and Adverse Possession

This text of Montana § 70-19-407 (Occupancy Under Claim Founded On Instrument Or Judgment -- When Considered Adverse) 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. § 70-19-407 (2026).

Text

70-19-407 . Occupancy under claim founded on instrument or judgment -- when considered adverse. When it appears that the occupant or those under whom the occupant claims entered into the possession of the property under claim of title, exclusive of other right, founding the claim upon a written instrument as being a conveyance of the property in question or upon the decree or judgment of a competent court and that there has been a continued occupation and possession of the property included in the instrument, decree, or judgment or of some part of the property under the claim for 5 years, the property included is considered to have been held adversely, except that when the property consists of a tract divided into lots, the possession of one lot is not considered a possession of any other 

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70-19-407 . Occupancy under claim founded on instrument or judgment -- when considered adverse. When it appears that the occupant or those under whom the occupant claims entered into the possession of the property under claim of title, exclusive of other right, founding the claim upon a written instrument as being a conveyance of the property in question or upon the decree or judgment of a competent court and that there has been a continued occupation and possession of the property included in the instrument, decree, or judgment or of some part of the property under the claim for 5 years, the property included is considered to have been held adversely, except that when the property consists of a tract divided into lots, the possession of one lot is not considered a possession of any other lot of the same tract.

Legislative History

En. Sec. 33, p. 46, L. 1877; re-en. Sec. 33, 1st Div. Rev. Stat. 1879; re-en. Sec. 33, 1st Div. Comp. Stat. 1887; amd. Sec. 487, C. Civ. Proc. 1895; re-en. Sec. 6436, Rev. C. 1907; re-en. Sec. 9019, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 322; re-en. Sec. 9019, R.C.M. 1935; amd. Sec. 5, Ch. 224, L. 1953; R.C.M. 1947, 93-2508; amd. Sec. 2138, Ch. 56, L. 2009.