Adverse Possession Laws in Montana

In Montana, adverse possession takes 5 years of continuous possession and payment of all property taxes for that period, and since 2025 unlawful squatting is a crime that lets police remove the occupant immediately.

Last checked October 2026. General information, not legal advice.

Standard period: 5 years
With color of title: 5 years (same period); Possession under a written instrument or court judgment also takes 5 years (MCA 70-19-407).
Property taxes required: Yes; All state, county and municipal taxes levied during the 5 years must be paid.
Squatter removal law: Yes, unlawful squatting offense (2025); Law enforcement may immediately remove a person who commits unlawful squatting.

Sources

Last checked October 2026

The rules in Montana

How many years of possession are required for adverse possession in Montana?

Standard period in Montana: 5 years.

Is the adverse possession period shorter with color of title in Montana?

With color of title in Montana: 5 years (same period). Possession under a written instrument or court judgment also takes 5 years (MCA 70-19-407).

Does the occupant have to pay property taxes to claim adverse possession in Montana?

Yes. Property taxes required in Montana: yes. All state, county and municipal taxes levied during the 5 years must be paid.

Does Montana have a special law for removing squatters?

Yes, unlawful squatting offense (2025). Squatter removal law in Montana: yes, unlawful squatting offense (2025). Law enforcement may immediately remove a person who commits unlawful squatting.

Where do the Montana adverse possession laws come from?

The rules above come from MCA 70-19-401, MCA 70-19-407, MCA 70-19-411 and MCA 45-6-206. Each source is linked on this page. We last checked them in October 2026.

Good to know

Unlawful squatting under MCA 45-6-206 was enacted in 2025 (Ch. 179, L. 2025) and is a misdemeanor with restitution of fair market rent.

What this means in practice

Courts usually require possession that is actual, open, continuous, exclusive and hostile (without the owner's permission) for the full statutory period. The person claiming the land generally has to prove each element, and courts read these requirements strictly.

Owners can protect themselves by inspecting vacant or rural land regularly, keeping boundary lines marked, and responding quickly to fences, buildings or other uses that cross the line. Written permission, such as a simple license or lease, can make a neighbor's use permissive instead of hostile.

Adverse possession does not usually transfer title automatically. The occupant often needs a court judgment, such as in a quiet title action, before the new ownership can be recorded. Boundary disputes between neighbors are often settled with a survey and a recorded deed instead of a lawsuit.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.

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