Montana § 70-19-412 Relation Of Landlord And Tenant As Affecting Adverse Possession

Montana Statutes

§ 70-19-412 — Relation Of Landlord And Tenant As Affecting Adverse Possession

Montana § 70-19-412

Title 70PROPERTY

Ch. 19REAL PROPERTY ACTIONS GENERALLY LIMITATIONS AND ADVERSE POSSESSION

Part 4Limitations and Adverse Possession

This text of Montana § 70-19-412 (Relation Of Landlord And Tenant As Affecting Adverse Possession) 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. § 70-19-412 (2026).

Text

70-19-412 . Relation of landlord and tenant as affecting adverse possession. When the relation of landlord and tenant has existed between any persons, the possession of the tenant is considered the possession of the landlord until the expiration of 5 years from the termination of the tenancy or, when there has been no written lease, until the expiration of 5 years from the time of the last payment of rent, notwithstanding that the tenant may have acquired another title or may have claimed to hold adversely to the landlord. However, the enumerated presumptions may not be made after the periods prescribed in this section.

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70-19-412 . Relation of landlord and tenant as affecting adverse possession. When the relation of landlord and tenant has existed between any persons, the possession of the tenant is considered the possession of the landlord until the expiration of 5 years from the termination of the tenancy or, when there has been no written lease, until the expiration of 5 years from the time of the last payment of rent, notwithstanding that the tenant may have acquired another title or may have claimed to hold adversely to the landlord. However, the enumerated presumptions may not be made after the periods prescribed in this section.

Legislative History

En. Sec. 37, p. 47, L. 1877; re-en. Sec. 37, 1st Div. Rev. Stat. 1879; re-en. Sec. 37, 1st Div. Comp. Stat. 1887; amd. Sec. 491, C. Civ. Proc. 1895; re-en. Sec. 6440, Rev. C. 1907; re-en. Sec. 9023, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 326; re-en. Sec. 9023, R.C.M. 1935; amd. Sec. 6, Ch. 224, L. 1953; R.C.M. 1947, 93-2512; amd. Sec. 2139, Ch. 56, L. 2009.