70-19-401. Action for recovery -- possession within 5 years required. An action for the recovery of real property or for the possession of real property may not be maintained unless it appears that the plaintiff or the plaintiff's ancestor, predecessor, or grantor was seized or possessed of the property in question within 5 years before the commencement of the action.
History: En. Sec. 29, p. 45, L. 1877; re-en. Sec. 29, 1st Div. Rev. Stat. 1879; re-en. Sec. 29, 1st Div. Comp. Stat. 1887; amd Sec. 483, C. Civ. Proc. 1895; re-en. Sec. 6432, Rev. C. 1907; re-en. Sec. 9015, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 318; re-en. Sec. 9015, R.C.M. 1935; amd. Sec. 1, Ch. 224, L. 1953; amd. Sec. 12, Ch. 263, L. 1975; R.C.M. 1947, 93-2504; amd. Sec. 2137, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 19. Real Property Actions Generally Limitations and Adverse Possession
Part 4. Limitations and Adverse Possession
70-19-401. Action for recovery -- possession within 5 years required
70-19-403. When action on claim by entry must be commenced
70-19-404. Presumption of possession within prescribed period -- adverse possession as exception
70-19-405. Title by prescription
70-19-407. Occupancy under claim founded on instrument or judgment -- when considered adverse
70-19-408. Claim founded on instrument or judgment -- what considered possession and occupation
70-19-409. Actual occupancy under claim of title not founded on instrument or judgment -- adverse
70-19-410. Claim of title not founded on instrument or judgment -- what considered occupation
70-19-411. Occupancy and payment of taxes necessary to prove adverse possession
70-19-412. Relation of landlord and tenant as affecting adverse possession
70-19-413. Certain disabilities to suspend running of statutory period
70-19-414. Right of possession not affected by descent cast
70-19-415. through 70-19-420 reserved
70-19-421. Action to recover royalty interest in land sold for taxes
70-19-422. through 70-19-425 reserved