Montana § 70-19-410 Claim Of Title Not Founded On Instrument Or Judgment -- What Considered Occupation

Montana Statutes

§ 70-19-410 — Claim Of Title Not Founded On Instrument Or Judgment -- What Considered Occupation

Montana § 70-19-410

Title 70PROPERTY

Ch. 19REAL PROPERTY ACTIONS GENERALLY LIMITATIONS AND ADVERSE POSSESSION

Part 4Limitations and Adverse Possession

This text of Montana § 70-19-410 (Claim Of Title Not Founded On Instrument Or Judgment -- What Considered Occupation) 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. § 70-19-410 (2026).

Text

70-19-410 . Claim of title not founded on instrument or judgment -- what considered occupation. For the purpose of constituting an adverse possession by a person claiming title not founded upon a written instrument, judgment, or decree, land is deemed to have been possessed and occupied in the following cases only:

(1)where it has been protected by a substantial enclosure;

(2)where it has been usually cultivated or improved.

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

70-19-410 . Claim of title not founded on instrument or judgment -- what considered occupation. For the purpose of constituting an adverse possession by a person claiming title not founded upon a written instrument, judgment, or decree, land is deemed to have been possessed and occupied in the following cases only:
(1) where it has been protected by a substantial enclosure;
(2) where it has been usually cultivated or improved.

Legislative History

En. Sec. 7, p. 467, Bannack Stat.; re-en. Sec. 7, p. 516, Cod. Stat. 1871; amd. Sec. 36, p. 47, L. 1877; re-en. Sec. 36, 1st Div. Rev. Stat. 1879; re-en. Sec. 36, 1st Div. Comp. Stat. 1887; re-en. Sec. 490, C. Civ. Proc. 1895; re-en. Sec. 6439, Rev. C. 1907; re-en. Sec. 9022, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 325; re-en. Sec. 9022, R.C.M. 1935; R.C.M. 1947, 93-2511.