What are squatters’ rights in Montana?
In Montana, a person must occupy and claim land continuously for 5 years, and pay all the taxes levied on it during that time, before adverse possession is established. Occupation by anyone else is treated as subordinate to the legal title unless the property has been held adversely for 5 years before the action is started. Where the claim is not founded on a written instrument or a court judgment, land counts as occupied only if it has been protected by a substantial enclosure or usually cultivated or improved. A person who cannot produce authorization to occupy a premises, such as a written rental agreement or the landlord’s written or verified verbal permission, is an unauthorized person or trespasser, and law enforcement may remove that person immediately at the request of the property owner or an authorized agent. Unlawful squatting, which is knowingly entering and residing on another person’s premises without consent, is a misdemeanor, and law enforcement may immediately remove a person who commits it. An owner or agent who knowingly gives false information in a removal request must indemnify the law enforcement agency for any damages awarded against it. Until that period has run, a person occupying property without permission has no claim to its title. This is Mont. Code §§ 70-19-404, 70-19-410, 70-19-411; Mont. Code §§ 70-24-113, 45-6-206.
| What | Montana |
|---|---|
| Adverse possession period | 5 years, with taxes paid |
| Removing an unauthorized occupant | Law enforcement can remove the occupant without an eviction case |
Source
Mont. Code §§ 70-19-404, 70-19-410, 70-19-411; Mont. Code §§ 70-24-113, 45-6-206
Read the statute in the Montana Code Annotated (Montana Legislature): leg.mt.gov.
Checked against the statute on November 13, 2026.
This is a summary of the published procedure, not legal advice. Courts, local rules and the facts of a tenancy change what applies, and a defect in a notice or a filing can end a case. Have a lawyer review anything before it is served or filed.
How Seayora uses this rule
Seayora does not file, serve or appear in an eviction, and is not anybody’s lawyer. When a tenant has stopped paying, it lays out these steps for the property’s own state and city with the statute beside each one, holds back any step that would come too early, keeps an append-only record of the case — and shows the resident what would end it, legal-aid links included.
Guides on this rule
- Squatters’ Rights by State: Adverse Possession and Removal — How long adverse possession takes in 51 states, what the statutes require, and which states let law enforcement remove a squatter without an eviction case.
Compare this rule in every state
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- Every Montana rule on one page
The same question in other states
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii