Montana Code Annotated
Part 4. Limitations and Adverse Possession
70-19-404. Presumption of possession within prescribed period -- adverse possession as exception

70-19-404. Presumption of possession within prescribed period -- adverse possession as exception. In every action for the recovery of real property or the possession thereof, the person establishing a legal title to the property is presumed to have been possessed thereof within the time required by law, and the occupation of the property by any other person is deemed to have been under and in subordination to the legal title unless it appear that the property has been held and possessed adversely to such legal title for 5 years before the commencement of the action.
History: En. Sec. 4, p. 466, Bannack Stat.; re-en. Sec. 4, p. 515, Cod. Stat. 1871; amd. Sec. 32, p. 46, L. 1877; re-en. Sec. 32, 1st Div. Rev. Stat. 1879; re-en. Sec. 32, 1st Div. Comp. Stat. 1887; amd. Sec. 486, C. Civ. Proc. 1895; re-en. Sec. 6435, Rev. C. 1907; re-en. Sec. 9018, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 321; re-en. Sec. 9018, R.C.M. 1935; amd. Sec. 4, Ch. 224, L. 1953; R.C.M. 1947, 93-2507.

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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