1. MCA Contents
  2. TITLE 70
  3. CHAPTER 19
  4. Part 4
  5. 70-19-410 Claim of title not founded on instrument or judgment -- what considered occupation

Montana Code Annotated 2023

TITLE 70. PROPERTY

CHAPTER 19. REAL PROPERTY ACTIONS GENERALLY LIMITATIONS AND ADVERSE POSSESSION

Part 4. Limitations and Adverse Possession

Claim Of Title Not Founded On Instrument Or Judgment -- What Considered Occupation

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.

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.