70-19-411. Occupancy and payment of taxes necessary to prove adverse possession. In no case shall adverse possessions be considered established under this code 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.
History: En. Sec. 1, Ch. 3, L. 1917; re-en. Sec. 9024, R.C.M. 1921; re-en. Sec. 9024, R.C.M. 1935; amd. Sec. 7, Ch. 224, L. 1953; R.C.M. 1947, 93-2513.
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