Montana Code Annotated
Part 4. Limitations and Adverse Possession
70-19-402. Action or defense arising out of title to property or profits -- possession within 5 years required

70-19-402. Action or defense arising out of title to property or profits -- possession within 5 years required. No cause of action or defense to an action, arising out of the title to real property or to rents or profits out of the same, can be effectual unless it appear that the person prosecuting the action or making the defense or under whose title the action is prosecuted or the defense is made or the ancestor, predecessor, or grantor of such person was seized or possessed of the premises in question within 5 years before the commencement of the act in respect to which such action is prosecuted or defense made.
History: En. Sec. 30, p. 45, L. 1877; re-en. Sec. 30, 1st Div. Rev. Stat. 1879; re-en. Sec. 30, 1st Div. Comp. Stat. 1887; amd. Sec. 484, C. Civ. Proc. 1895; re-en. Sec. 6433, Rev. C. 1907; re-en. Sec. 9016, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 319; re-en. Sec. 9016, R.C.M. 1935; amd. Sec. 2, Ch. 224, L. 1953; R.C.M. 1947, 93-2505.

Structure Montana Code Annotated

Montana Code Annotated

Title 70. Property

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

70-19-402. Action or defense arising out of title to property or profits -- 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

70-19-406. Simple occupancy

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

70-19-426. Residential construction disputes -- definitions

70-19-427. Residential construction disputes -- limitation on consumer protection actions -- notice and opportunity to repair -- tolling of statute of limitations -- presumption of compliance with construction standards

70-19-428. Construction defect disputes -- damages