Montana Squatters Rights and Adverse Possession Laws (2026)

Montana law sets one of the strictest adverse possession thresholds in the western United States: a squatter must occupy land continuously for five years and pay every state, county, and municipal property tax assessed against that parcel during the entire five-year period before any claim can ripen under Mont. Code Ann. § 70-19-411.

Information last verified on May 27, 2026. This article provides general legal information, not legal advice.

Jurisdiction scope: This article covers Montana state law only. For a comparison of squatter and adverse possession rules across all 50 states, see the national squatters rights guide.

Adverse Possession in Montana: Period, Taxes, and Elements

The Governing Statute

Mont. Code Ann. § 70-19-411 provides that adverse possession may not be considered established "unless it shall be shown that the land has been occupied and claimed for a period of 5 years continuously and the party or persons, their predecessors, and grantors have during such period paid all the taxes, state, county, or municipal, which have been legally levied and assessed upon said land." Occupancy and tax payment are both statutory requirements. Missing either one defeats the claim entirely.

A separate statute, Mont. Code Ann. § 70-19-401, sets the matching limitations rule on the owner's side: an action to recover real property may not be maintained unless the plaintiff, or the plaintiff's ancestor, predecessor, or grantor, was seized or possessed of the property in question within five years before the action was commenced.

Montana courts have consistently applied this dual requirement. A claimant who possesses the land for five years but fails to pay taxes cannot acquire title. Likewise, a claimant who pays taxes but whose possession falls short of five years cannot prevail.

The Five Common-Law Elements

In addition to the statutory period and tax requirement, Montana courts require that possession be:

Actual. For the ordinary squatter, who holds no written instrument, Montana does not apply an open-ended common-law test here. Mont. Code Ann. § 70-19-410 provides that 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." That list is exclusive. Fencing the parcel or farming and improving it qualifies; generically maintaining the land, visiting it, or storing equipment on it does not. A claimant who entered under a written instrument, judgment, or decree has the broader set of qualifying acts in § 70-19-408 instead, which also counts unenclosed land used for fuel, fencing timber, husbandry, or pasturage.

Open and notorious. The use must be visible and obvious to a reasonable owner who inspects the property. A squatter who conceals their presence cannot satisfy this element. Courts ask whether the true owner had constructive notice of the adverse claim.

Exclusive. The claimant must hold the property to the exclusion of the true owner and the general public. Shared use between the claimant and the true owner interrupts exclusivity.

Hostile. In Montana, hostile means the claimant holds the property without the owner's permission and under a claim of right. A permissive occupant such as a licensee or tenant cannot establish hostility unless the permission is clearly revoked and the claimant thereafter holds in a manner inconsistent with the permission.

Continuous. Possession must be unbroken for the full five years. Seasonal use can satisfy continuity if it mirrors how an owner would typically use the type of land involved, but abandonment restarts the clock.

No Color-of-Title Shortcut

Several states allow a shorter adverse possession period when the claimant holds under color of title, that is, a facially valid but legally defective deed or instrument. Montana has no separate color-of-title provision that reduces the statutory period below five years. The five-year plus tax rule applies regardless of whether the claimant holds a defective deed or no deed at all.

Montana does, however, run two distinct statutory tracks, and which one applies changes how much land a claim can reach and what counts as possessing it. A claimant who entered under a written instrument, judgment, or decree is governed by Mont. Code Ann. §§ 70-19-407 and 70-19-408: that claimant is deemed to hold the entire tract described in the instrument, a known farm or single lot that has been partly improved is treated as occupied in full, and unenclosed land can still qualify if it has been used for the supply of fuel or fencing timber, for husbandry, or for pasturage. A claimant with no such instrument is governed by §§ 70-19-409 and 70-19-410, which reach only "the land so actually occupied and no other."

Tacking

Montana recognizes tacking, the practice of adding the adverse possession period of a prior claimant to one's own, provided there is privity between the two parties. The privity that matters runs between successive adverse possessors: someone who takes over the prior occupant's possessory interest, by conveyance, inheritance, or another transfer of that possession, can add the predecessor's time to their own to reach the five-year threshold. A person who buys the record title from the true owner is on the opposite side of the claim and cannot tack an adverse occupant's time; that buyer is the party the running claim is asserted against. Tacking does not eliminate the tax-payment requirement either, and § 70-19-411 is explicit that the claimant, their predecessors, and their grantors must have paid the taxes throughout the combined period.

Good-Faith Encroachments

Where a structure such as a fence, wall, or building encroaches on neighboring land due to a good-faith mistake about the boundary, Montana courts have recognized equitable relief in some circumstances. However, the encroachment doctrine does not waive the five-year period or the tax requirement for a formal adverse possession claim.

How to Remove a Squatter in Montana

Step 1: Confirm There Is No Rental Relationship

Before filing any court action, a property owner should determine whether the occupant is a former tenant, a buyer under a land contract, or a stranger with no prior agreement. The removal process differs depending on that relationship.

A former tenant whose lease has expired or been terminated is covered by the Montana Residential Landlord and Tenant Act, Mont. Code Ann. § 70-24-101 et seq. The owner must give written notice (the required notice period depends on the type of tenancy and the reason for termination) before filing a court action.

A stranger who entered without any agreement has no tenancy rights and can be removed under the general Forcible Entry and Detainer statute, Mont. Code Ann. § 70-27-101 et seq., with no prior tenancy notice required.

Step 2: Do Not Use Self-Help

Montana law prohibits self-help eviction. An owner who changes the locks, removes the occupant's belongings, shuts off utilities, or physically removes the person without a court order exposes themselves to civil liability. The only lawful path is through the courts.

Step 3: File a Forcible Entry and Detainer (FED) Action

For occupants who entered without permission, the owner files a FED complaint in the county where the property is located. Under Mont. Code Ann. § 70-27-101(2), the district court of the county in which the property or some part of it is situated has jurisdiction over these proceedings, and justices' courts have concurrent jurisdiction within their respective counties. Justice court is often the faster and cheaper option for a straightforward possession case, but it is subject to the monetary limits on that court's jurisdiction, so an owner also seeking damages above those limits should file in district court. Under § 70-27-101 et seq., the plaintiff must establish that the defendant entered or holds the property without right or has held over after the termination of a lawful tenancy. The court sets a hearing, typically within a few days of service.

If the occupant does not appear or the court rules for the owner, the court issues a writ of restitution directing the sheriff or constable to restore possession to the owner. The occupant is given a brief window to remove personal belongings before the writ is executed.

Step 4: Coordinate with the Sheriff

The sheriff's office, not the property owner, carries out the physical removal. The owner delivers the writ of restitution to the sheriff and pays any required fee. The sheriff posts notice and, after the notice period, removes the occupant and their property.

Step 5: Document Everything

Throughout the process, the owner should document the condition of the property with photographs and written records, keep copies of all court filings and orders, and preserve any evidence of damage for a later civil claim.

Trespasser vs. Squatter vs. Holdover Tenant

Montana law treats these categories differently in practice. A trespasser who entered recently and has no claim of occupancy can sometimes be removed by calling law enforcement under the criminal trespass statute, Mont. Code Ann. § 45-6-203, if the occupant refuses to leave after being told to do so. Law enforcement may or may not treat it as a criminal matter depending on how long the person has been present and whether there is any indicia of residency. For occupants who have been present long enough to establish apparent residency, the civil FED route is the reliable path.

The 2025 Unlawful Squatting Law

Montana enacted Senate Bill 101 in 2025 (Chapter 179, Laws of Montana 2025), codified at Mont. Code Ann. § 45-6-206. The law creates a standalone misdemeanor offense of unlawful squatting: knowingly entering and residing on another's premises without the consent of the owner, rightful occupant, or an authorized representative. Under the statute, law enforcement may immediately remove a person who commits unlawful squatting from the premises, and a convicted squatter must pay restitution equal to the fair market rent for the duration of the unauthorized occupancy. The law also treats presenting false authorization documents as forgery and damaging property during the occupation as criminal mischief. This gives Montana property owners a faster, law-enforcement-administered path in addition to the civil FED procedure under § 70-27-101 et seq.

Legal disclaimer: This article is general legal information about Montana law and is not legal advice. Laws change, and individual circumstances vary. If you are a property owner dealing with an unauthorized occupant, or an occupant facing removal, consult a licensed Montana attorney before taking action.

For how other states handle these same issues, see the national squatters rights guide.

Article by the RecordingLaw.com editorial team. Last reviewed May 27, 2026.

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