Squatters Rights in Montana: 10-Year Adverse Possession Law
Montana requires 10 years of possession, reduced to 5 years for claimants who pay property taxes on the land throughout that period. In 2025, Montana created a standalone criminal offense of unlawful squatting with an immediate law-enforcement removal remedy.
Last reviewed July 8, 2026 — statutes and case law independently verified against official sources
Montana vs Neighboring States: Quick Comparison
- Statutory Period
- 10 years
- Tax Payment Required
- No
- Color of Title
- Not required
- Expedited Removal Law
- Yes 2024–2025
- Statutory Period
- 20 years
- Tax Payment Required
- No
- Color of Title
- Not required
- Expedited Removal Law
- Yes 2024–2025
- Statutory Period
- 20 years
- Tax Payment Required
- Yes
- Color of Title
- Required
- Expedited Removal Law
- Standard process
- Statutory Period
- 10 years
- Tax Payment Required
- No
- Color of Title
- Not required
- Expedited Removal Law
- Yes 2024–2025
Data verified for 2026. Laws subject to change, verify with official state statutes.
The Path to Adverse Possession in Montana
A visual summary of what a claimant must complete, start to finish.
How Adverse Possession Works in Montana
To claim ownership of property through adverse possession in Montana, a claimant must possess the land for 10 years while meeting the legal requirements established under state law. A shorter 5-year track is available for claimants who pay property taxes and, where required, hold color of title.
Legal Basis and Statutory Period
Montana’s adverse possession law is codified under Mont. Code Ann. §§ 70-19-405, 70-19-411; § 45-6-206 (as added by Ch. 179, L. 2025). The standard statutory period is 10 years of continuous, open, and hostile possession.
Property Tax Requirements
A shorter 5-year period applies to claimants who pay property taxes on the land for that period. Without tax payment, the standard period is 10 years.
Color of Title Rules
Montana's shorter track depends on tax payment rather than color of title specifically.
Key Legal Requirements
- Actual possession
- Open and notorious possession
- Hostile possession
- Exclusive possession
- Continuous possession for 10 years (5 years with tax payment)
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Recent Law Changes in Montana
2025: Senate Bill 101 (Chapter 179, Laws of 2025) created the criminal offense of unlawful squatting, established a removal process, and gave law enforcement liability protection when removing a squatter under the new offense. This is a criminal-enforcement change and does not alter the 5/10-year adverse possession periods.
Montana Adverse Possession Procedures
Making an Adverse Possession Claim
To establish adverse possession in Montana, a claimant must satisfy the 10-year statutory period under Mont. Code Ann. §§ 70-19-405 and 70-19-411 and prove every element by clear and convincing evidence.
- File a quiet title action in the district court for the county where the property is located
- Prove possession was actual, exclusive, hostile, open and notorious, and continuous for the full 10 years
- Show that the claimant (or their predecessors) paid all state, county, and municipal property taxes legally assessed on the land throughout the statutory period -- a distinctive Montana requirement
- Present supporting evidence such as tax receipts, surveys, photographs of improvements, and witness testimony
- Meet Montana's 'clear and convincing evidence' standard, which is stricter than an ordinary preponderance standard
- Obtain a court judgment and record it with the county clerk and recorder to establish clear title
Montana's tax-payment requirement, confirmed in Grimsley v. Estate of Spencer (1983), makes adverse possession significantly harder to establish than in states without such a rule.
Defending Against Squatters
Montana property owners can take practical steps to prevent an adverse possession claim from maturing.
- Regularly inspect vacant, rural, or investment property
- Post 'No Trespassing' signs at property boundaries
- Maintain current surveys and boundary documentation
- Grant explicit written permission for any use you allow -- this defeats the hostility element
- Keep property tax payments current, since a claimant's tax payments are central to a Montana adverse possession claim
- Act promptly against unauthorized occupants well before the 10-year period could run
Any interruption of continuous possession, including successful removal of the occupant, resets Montana's 10-year clock.
Removing Squatters
Montana strengthened its removal process for unauthorized occupants with Chapter 179, Laws of 2025, which created the crime of unlawful squatting under Mont. Code Ann. § 45-6-206.
- Contact local law enforcement and provide proof of ownership; unlawful squatting is now a specific criminal offense in Montana, separate from ordinary civil eviction
- Officers can treat a squatter as a criminal trespasser and remove them from the property, rather than requiring the owner to pursue a lengthy civil case
- If the court finds the occupant unlawfully squatted, it can order restitution equal to the fair market rental value for the duration of the occupancy
- For occupants who may have a legitimate former tenancy, use Montana's standard eviction (unlawful detainer) process instead
- Keep records of ownership, communications, and any notices given to the occupant
Montana law still prohibits 'self-help' evictions such as changing locks or shutting off utilities; owners should use law enforcement under the new squatting law or the court eviction process.
Mont. Code Ann. §§ 70-19-405, 70-19-411; § 45-6-206 (as added by Ch. 179, L. 2025)
View Official State Statute ↗Notable Montana Adverse Possession Cases
Townsend v. Koukol (1966)
148 Mont. 1, 416 P.2d 532 (1966)
The Montana Supreme Court upheld a claimant's title to a strip of land along an old, crooked boundary fence built decades earlier, holding that Montana requires possession to be actual, exclusive, hostile, and continuous for the full statutory period. The fence's long-standing, visible line -- not the true survey line -- controlled because it had been treated as the boundary by both sides for so long.
Grimsley v. Estate of Spencer (1983)
206 Mont. 184, 670 P.2d 85 (1983)
The Montana Supreme Court held that a claimant bears a heavy burden to prove every element of adverse possession, including Montana's distinctive tax-payment requirement -- the claimant (or their predecessors) must show they paid all state, county, and municipal taxes legally assessed on the land during the statutory period.
Wareing v. Schreckendgust (1996)
280 Mont. 196, 928 P.2d 927 (1996)
The Montana Supreme Court held that claimants asserting a property right based on long-term use -- such as a prescriptive easement, and by extension adverse possession -- must prove each element by 'clear and convincing evidence' rather than the lower preponderance-of-the-evidence standard used for most civil claims.
Frequently Asked Questions About Montana Adverse Possession
How long must someone occupy my property in Montana to claim adverse possession?
Montana requires 10 continuous years of possession that is actual, exclusive, hostile, open and notorious, and continuous, per Mont. Code Ann. §§ 70-19-405 and 70-19-411. The '30-day squatter's rights' claim circulating online is a myth.
Do squatters have to pay property taxes in Montana to claim adverse possession?
Yes. Unlike many states, Montana requires the claimant (or their predecessors) to show they paid all state, county, and municipal taxes legally assessed on the property throughout the statutory period. This requirement was confirmed in Grimsley v. Estate of Spencer (1983) and makes Montana's adverse possession standard notably harder to meet.
What standard of proof applies to adverse possession claims in Montana?
Montana courts require 'clear and convincing evidence' for every element of an adverse possession claim, a higher bar than the ordinary preponderance-of-the-evidence standard used in most civil cases, as reflected in cases like Wareing v. Schreckendgust (1996).
Is unlawful squatting now a crime in Montana?
Yes. Under Mont. Code Ann. § 45-6-206, enacted by Chapter 179, Laws of 2025, unlawful squatting is a specific criminal offense. Property owners can involve law enforcement directly, and courts may order a squatter to pay restitution equal to the fair market rental value of the time they occupied the property.
Can someone claim adverse possession against government-owned land in Montana?
No. Montana law exempts land owned by the state, counties, municipalities, and the federal government from adverse possession claims.
Can trespassers gain rights to my property after 30 days in Montana?
No. This is a nationwide myth with no basis in Montana law. Adverse possession requires 10 years of continuous, hostile, open, notorious, and exclusive possession, plus proof of tax payments -- occupancy of a few weeks or months creates no ownership interest.
Will law enforcement remove a squatter from my property in Montana?
Increasingly, yes, for clear-cut cases: Montana enacted Senate Bill 101 as Chapter 179, Laws of 2025, now codified as the crime of unlawful squatting at Mont. Code Ann. § 45-6-206, which makes it a misdemeanor to knowingly enter and reside on property without the owner's consent and lets officers remove the person directly, with good-faith legal protection for the officers involved and court-ordered restitution equal to fair market rent available afterward. This sits alongside Montana's older general criminal trespass law, § 45-6-203, which already let police act against someone with no claim of right who refuses to leave. If the occupant has any indicia of a former tenancy or a colorable claim to be there, officers will instead direct the owner to Montana's Forcible Entry and Detainer process under § 70-27-101 et seq., which requires a justice court hearing, a judgment, and a sheriff-executed writ of restitution. Self-help removal, like changing locks, remains prohibited in every case.
This information is provided for general educational purposes only and does not constitute legal advice. Adverse possession claims are highly fact-specific. Consult a licensed attorney in the relevant state before relying on this information.