70-19-409. Actual occupancy under claim of title not founded on instrument or judgment -- adverse. Where it appears that there has been an actual continued occupation of land under a claim of title, exclusive of any other right, but not founded upon a written instrument, judgment, or decree, the land so actually occupied and no other is deemed to have been held adversely.
History: En. Sec. 6, p. 467, Bannack Stat.; re-en. Sec. 6, p. 516, Cod. Stat. 1871; re-en. Sec. 35, p. 46, L. 1877; re-en. Sec. 35, 1st Div. Rev. Stat. 1879; re-en. Sec. 35, 1st Div. Comp. Stat. 1887; amd. Sec. 489, C. Civ. Proc. 1895; re-en. Sec. 6438, Rev. C. 1907; re-en. Sec. 9021, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 324; re-en. Sec. 9021, R.C.M. 1935; R.C.M. 1947, 93-2510.
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