Montana Code Annotated
Part 4. Limitations and Adverse Possession
70-19-412. Relation of landlord and tenant as affecting adverse possession

70-19-412. Relation of landlord and tenant as affecting adverse possession. When the relation of landlord and tenant has existed between any persons, the possession of the tenant is considered the possession of the landlord until the expiration of 5 years from the termination of the tenancy or, when there has been no written lease, until the expiration of 5 years from the time of the last payment of rent, notwithstanding that the tenant may have acquired another title or may have claimed to hold adversely to the landlord. However, the enumerated presumptions may not be made after the periods prescribed in this section.
History: En. Sec. 37, p. 47, L. 1877; re-en. Sec. 37, 1st Div. Rev. Stat. 1879; re-en. Sec. 37, 1st Div. Comp. Stat. 1887; amd. Sec. 491, C. Civ. Proc. 1895; re-en. Sec. 6440, Rev. C. 1907; re-en. Sec. 9023, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 326; re-en. Sec. 9023, R.C.M. 1935; amd. Sec. 6, Ch. 224, L. 1953; R.C.M. 1947, 93-2512; amd. Sec. 2139, Ch. 56, L. 2009.

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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