1. MCA Contents
  2. TITLE 70
  3. CHAPTER 19
  4. Part 4
  5. 70-19-409 Actual occupancy under claim of title not founded on instrument or judgment -- adverse

Montana Code Annotated 2017

TITLE 70. PROPERTY

CHAPTER 19. REAL PROPERTY ACTIONS GENERALLY LIMITATIONS AND ADVERSE POSSESSION

Part 4. Limitations and Adverse Possession

Actual Occupancy Under Claim Of Title Not Founded On Instrument Or Judgment -- Adverse

70-19-409. Actual occupancy under claim of title not founded on instrument or judgment -- adverse. Where it appears that there has been an actual continued occupation of land under a claim of title, exclusive of any other right, but not founded upon a written instrument, judgment, or decree, the land so actually occupied and no other is deemed to have been held adversely.

History: En. Sec. 6, p. 467, Bannack Stat.; re-en. Sec. 6, p. 516, Cod. Stat. 1871; re-en. Sec. 35, p. 46, L. 1877; re-en. Sec. 35, 1st Div. Rev. Stat. 1879; re-en. Sec. 35, 1st Div. Comp. Stat. 1887; amd. Sec. 489, C. Civ. Proc. 1895; re-en. Sec. 6438, Rev. C. 1907; re-en. Sec. 9021, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 324; re-en. Sec. 9021, R.C.M. 1935; R.C.M. 1947, 93-2510.