Squatters Rights Montana Summary
Statutory Period
10 years (or 5 years with color of title & tax payment)
Primary Statute
Montana Code Annotated § 70-19-401 to § 70-19-430
Additional Requirements
- Open, notorious, exclusive, and hostile possession
- Payment of property taxes (for 5-year claim)
- Color of title (for 5-year claim)
- Cultivation or improvement of the land
Squatters Rights 30 Days Montana
Origins of the 30-Day Myth in Montana
- Confusion with tenant laws: Montana's landlord-tenant laws provide specific protections to legal tenants, including notice requirements before eviction. These do not apply to unauthorized occupants.
- Misunderstanding of adverse possession: The actual statutory period for adverse possession in Montana is 10 years (or 5 years with color of title and tax payment), not 30 days.
- Eviction process timelines: The time it takes to legally remove unauthorized occupants through the court system may create the impression that squatters have legal rights after a short period.
Montana's 2025 Squatter Removal Process
Montana law provides property owners with several options to remove unauthorized occupants:
- Property owners can request law enforcement assistance in removing trespassers through Montana's criminal trespass laws
- For situations requiring court action, Montana offers a specialized forcible entry and detainer process
- Property owners must provide proof of ownership such as a deed or proper documentation
- As of 2025, Montana has strengthened trespassing penalties and clarified removal procedures
Important 2025 Update: Montana has clarified its trespassing laws to better address squatting situations, with amendments to A.R.S. § 13-1502 (criminal trespass) to more explicitly address unauthorized property occupation. Law enforcement can now more readily remove unauthorized occupants. For actual adverse possession in Montana, a claimant must occupy the property for either 10 years, or 5 years with color of title and tax payment, not 30 days as commonly misunderstood.
Overview of Adverse Possession in Montana
Key information about squatter's rights in Montana
Montana's adverse possession laws feature a dual-track system with different time requirements based on documentation and tax payment. The state also has unique considerations for what constitutes "cultivation" in varied continental and mountain environments.
Statutory Time Requirements
Montana offers two different paths to establish adverse possession:
- 10 years: Standard adverse possession period (A.R.S. § 12-526)
- 5 years: Shortened period if the possessor has color of title AND has paid all property taxes during that time (A.R.S. § 12-527)
Reference: Montana Code Annotated
Common Law Elements
To establish adverse possession in Montana, the following elements must be proven:
- Actual: Physical occupation of the property
- Hostile: Possession without the owner's permission
- Exclusive: Using the property as if the possessor were the owner
- Open and Notorious: Visible use that would be obvious to the true owner
- Continuous: Uninterrupted possession for the entire statutory period
Desert Land Cultivation
Montana courts recognize that in the state's arid climate, traditional "cultivation" may not be possible. The courts have broadly interpreted what constitutes cultivation to include:
- Fencing the property
- Building structures
- Installing irrigation systems
- Clearing brush and managing vegetation
- Creating access roads
These adaptations acknowledge the practical realities of maintaining land in Montana's varied continental and mountain environment.
Montana Adverse Possession Statutes
A.R.S. § 12-526. Adverse possession of real property
A. A person who has a cause of action for recovery of any lands, tenements or hereditaments from a person having peaceful and adverse possession thereof, cultivating, using and enjoying such property, shall commence an action therefor within ten years after the cause of action accrues, and not afterward.
B. An action for recovery of real property which has been granted by this state by letters patent or deed executed and recorded more than five years before commencement of the action shall be brought within five years after the cause of action accrues.
A.R.S. § 12-527. Adverse possession under written instrument or judgment
A. When it appears that the occupant, or those under whom he claims, entered into possession of premises under claim of title, exclusive of other right, founding the claim upon a written instrument as being a conveyance of the premises in question, or upon a decree or judgment of a competent court, and that there has been continued occupation and possession of the premises included in the instrument, decree or judgment for five years, the premises so included shall be deemed to have been held adversely.
B. For purposes of constituting an adverse possession by a person claiming title founded upon a written instrument or a judgment or decree, land shall be deemed to have been adversely held when it has been cultivated or improved in a manner consistent with the ordinary use of similar property in the vicinity or when, although not enclosed, it has been used for the supply of fuel or pasture or for the ordinary use of the occupant.
Important Legal Notes
- Montana courts have consistently held that payment of property taxes is required for the 5-year statutory adverse possession.
- Under Montana law, multiple periods of adverse possession may be "tacked" together if there is privity between successive occupants.
- Adverse possession claims in Montana must be initiated by filing a quiet title action.
- Montana specifically exempts all government-owned lands from adverse possession claims.
Key Montana Adverse Possession Cases
Occhino v. Hernandez (2017)
This case established that the hostility requirement in Montana means only that the possessor is occupying the property without permission from the true owner, not that there must be an intentional trespass or ill will. The Montana Court of Appeals confirmed that a good faith but mistaken belief about property boundaries can still satisfy the hostility requirement.
Moody v. Van Sant (2010)
The Montana Court of Appeals held that payment of property taxes is an essential element for the five-year statutory period under A.R.S. § 12-527, but not for the ten-year period under A.R.S. § 12-526. This clarified the dual-track system of adverse possession in Montana.
Chandler v. Jackson (2005)
Clarified that "cultivation" in Montana's adverse possession context can mean various forms of land improvement appropriate to the nature of the property, not just agricultural use. This case acknowledged Montana's diverse varied continental and mountain landscape and recognized that fencing, grading, and creating access roads could satisfy the cultivation requirement.
Combs v. DuBois (2000)
Established that in boundary dispute cases, when neighbors have treated a particular line as the boundary for the statutory period, even if that line differs from the recorded legal description, the neighbor who has occupied land beyond their true boundary may acquire it through adverse possession.
Montana Adverse Possession Procedures
Making an Adverse Possession Claim
To establish adverse possession in Montana, a claimant typically must:
- File a quiet title action in the superior court of the county where the property is located
- Provide evidence meeting either:
- 10-year requirement under A.R.S. § 12-526, OR
- 5-year requirement (with color of title and tax payment) under A.R.S. § 12-527
- Demonstrate that possession was actual, open, notorious, exclusive, hostile, and continuous
- Present evidence such as witness testimony, photographs, surveys, tax receipts, and documentation of improvements
- Be prepared to address any evidence of permissive use or interruption of possession
- Obtain a court judgment granting legal title to the property
Following a successful quiet title action, the claimant should record the judgment with the appropriate county recorder's office to establish clear title to the property.
Defending Against Squatters
Montana property owners can protect against adverse possession claims by:
- Regularly inspecting property boundaries
- Posting "No Trespassing" signs around the property perimeter
- Maintaining accurate property surveys and documentation
- Providing written permission for any allowed use of the property
- Keeping property tax payments current
- Taking legal action against unauthorized users before the statutory period expires
- Documenting property visits and inspections
- Considering a property management service for vacant properties
Any action that interrupts the continuity of possession will restart the statutory period and prevent an adverse possession claim from maturing.
Removing Squatters
Montana provides property owners with several options for removing unauthorized occupants:
- Law Enforcement Assistance: For clear cases of trespassing, property owners can request immediate assistance from law enforcement to remove unauthorized occupants under Montana's criminal trespass laws (A.R.S. § 13-1502 to § 13-1504).
- Forcible Entry and Detainer: This is Montana's eviction process for removing unauthorized occupants:
- File a complaint for forcible entry and detainer with the justice court
- Attend the hearing (typically scheduled within 5-10 days)
- Obtain a writ of restitution if the court rules in your favor
- Have the constable execute the writ to remove the squatters
- Criminal Trespass Charges: In many cases, property owners can pursue criminal trespass charges against squatters under A.R.S. § 13-1502 to § 13-1504.
Important: Montana law prohibits "self-help" evictions such as changing locks, removing doors, or shutting off utilities. Property owners must follow legal procedures to remove occupants or risk civil and criminal liability.
Frequently Asked Questions
How long must someone occupy my property in Montana to claim adverse possession?
In Montana, there are two timeframes for adverse possession: 10 years under the standard claim, or 5 years if the claimant has color of title (a document that appears to give ownership rights) and has paid property taxes during that period. The "30-day squatter's rights" claim is a myth - no one can gain ownership rights to your property after just 30 days of occupation.
What constitutes "cultivation" in Montana's varied continental and mountain environment?
Montana courts interpret "cultivation" broadly based on the nature and character of the land. In Montana's varied continental and mountain environment, this can include traditional agricultural uses, landscaping, garden maintenance, tree planting, brush clearing, installing fencing, building structures, creating walkways, or other improvements appropriate for the specific type of property. The courts take a practical approach that evaluates whether the use is consistent with how a typical owner would use similar land in the region.
What is "color of title" in Montana adverse possession law?
In Montana, "color of title" refers to a written document (such as a deed, will, or other instrument) that appears to give the possessor ownership rights to the property but contains some legal defect. Having color of title along with paying property taxes reduces the required adverse possession period from 10 years to 5 years in Montana.
Can I legally remove squatters from my property in Montana?
Yes, but you must follow legal procedures. For clear cases of trespassing, you can request immediate law enforcement assistance under Montana's criminal trespass laws. In other cases, you must use Montana's forcible entry and detainer process, similar to an eviction. "Self-help" methods like changing locks or cutting off utilities are illegal in Montana and could result in liability for the property owner.
Can someone claim adverse possession against government-owned land in Montana?
No. Montana law specifically exempts land owned by the state of Montana, the federal government, counties, cities, and other public entities from adverse possession claims. This is particularly significant in Montana, where a large percentage of land is publicly owned.
Can trespassers gain rights to my property after 30 days in Montana?
No. This is a common misconception. In Montana, adverse possession requires either 10 years (standard) or 5 years (with color of title and tax payment) of continuous, open, notorious, exclusive, and hostile possession. Short-term occupancy (whether 30 days or even several months) does not establish any ownership rights through adverse possession in Montana.