Adverse Possession in Montana
State-specific overview · Property & Real Estate
Montana requires 5 years of continuous, open occupation with payment of property taxes to claim adverse possession.
How Montana treats Adverse Possession
An adverse possessor in Montana must occupy the land openly, continuously, and exclusively for at least 5 years while paying property taxes on it. The occupation must be hostile (without the owner's permission) and the possessor's intent to claim ownership must be clear. Montana courts recognize that tax payment strengthens a claim significantly, though it is not always strictly required in all circumstances.
The general definition of Adverse Possession
Gaining legal ownership of land by occupying it openly and continuously for a set period.
If someone uses another person's land openly, without permission, and continuously for many years (typically 7–21 years depending on the state), they may eventually become the legal owner. The original owner must not have stopped them during that time. This doctrine rewards people who improve and maintain land while punishing owners who abandon or ignore their property.
Read the full Adverse Possession entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Montana.