Montana Squatters Rights and Adverse Possession Laws (2026)

Montana law sets one of the strictest adverse possession thresholds in the western United States: a squatter must occupy land continuously for five years and pay every state, county, and municipal property tax assessed against that parcel during the entire five-year period before any claim can ripen under Mont. Code Ann. § 70-19-411.

Information last verified on May 27, 2026. This article provides general legal information, not legal advice.

Jurisdiction scope: This article covers Montana state law only. For a comparison of squatter and adverse possession rules across all 50 states, see the national squatters rights guide.

Adverse Possession in Montana: Period, Taxes, and Elements

The Governing Statute

Mont. Code Ann. § 70-19-411 provides that an action for recovery of real property or for the recovery of the possession of real property may not be maintained unless the plaintiff, or the plaintiff's ancestor, predecessor, or grantor, was seized or possessed of the premises in question within five years before the commencement of the action. The statute further requires that, to ripen a claim by adverse possession, the claimant must have paid all state, county, and municipal taxes assessed against the property for the full five-year period. Both conditions are statutory requirements. Missing either one defeats the claim entirely.

Montana courts have consistently applied this dual requirement. A claimant who possesses the land for five years but fails to pay taxes cannot acquire title. Likewise, a claimant who pays taxes but whose possession falls short of five years cannot prevail.

The Five Common-Law Elements

In addition to the statutory period and tax requirement, Montana courts require that possession be:

Actual. The claimant must physically use the property in a manner consistent with its character. Fencing, farming, constructing improvements, or maintaining the land all satisfy this element. Simply visiting or storing equipment occasionally does not.

Open and notorious. The use must be visible and obvious to a reasonable owner who inspects the property. A squatter who conceals their presence cannot satisfy this element. Courts ask whether the true owner had constructive notice of the adverse claim.

Exclusive. The claimant must hold the property to the exclusion of the true owner and the general public. Shared use between the claimant and the true owner interrupts exclusivity.

Hostile. In Montana, hostile means the claimant holds the property without the owner's permission and under a claim of right. A permissive occupant such as a licensee or tenant cannot establish hostility unless the permission is clearly revoked and the claimant thereafter holds in a manner inconsistent with the permission.

Continuous. Possession must be unbroken for the full five years. Seasonal use can satisfy continuity if it mirrors how an owner would typically use the type of land involved, but abandonment restarts the clock.

No Color-of-Title Shortcut

Several states allow a shorter adverse possession period when the claimant holds under color of title, that is, a facially valid but legally defective deed or instrument. Montana has no separate color-of-title provision that reduces the statutory period below five years. The five-year plus tax rule applies regardless of whether the claimant holds a defective deed or no deed at all.

Tacking

Montana recognizes tacking, the practice of adding the adverse possession period of a prior claimant to one's own, provided there is privity of possession between the two parties. A buyer who purchases property with actual notice of an ongoing adverse possession claim can tack the seller's period onto their own to reach the five-year threshold. Tacking does not eliminate the tax-payment requirement; taxes must have been paid throughout the combined period.

Good-Faith Encroachments

Where a structure such as a fence, wall, or building encroaches on neighboring land due to a good-faith mistake about the boundary, Montana courts have recognized equitable relief in some circumstances. However, the encroachment doctrine does not waive the five-year period or the tax requirement for a formal adverse possession claim.

How to Remove a Squatter in Montana

Step 1: Confirm There Is No Rental Relationship

Before filing any court action, a property owner should determine whether the occupant is a former tenant, a buyer under a land contract, or a stranger with no prior agreement. The removal process differs depending on that relationship.

A former tenant whose lease has expired or been terminated is covered by the Montana Residential Landlord and Tenant Act, Mont. Code Ann. § 70-24-101 et seq. The owner must give written notice (the required notice period depends on the type of tenancy and the reason for termination) before filing a court action.

A stranger who entered without any agreement has no tenancy rights and can be removed under the general Forcible Entry and Detainer statute, Mont. Code Ann. § 70-27-101 et seq., with no prior tenancy notice required.

Step 2: Do Not Use Self-Help

Montana law prohibits self-help eviction. An owner who changes the locks, removes the occupant's belongings, shuts off utilities, or physically removes the person without a court order exposes themselves to civil liability. The only lawful path is through the courts.

Step 3: File a Forcible Entry and Detainer (FED) Action

For occupants who entered without permission, the owner files a FED complaint in the justice court of the county where the property is located. Under Mont. Code Ann. § 70-27-101 et seq., the plaintiff must establish that the defendant entered or holds the property without right or has held over after the termination of a lawful tenancy. The justice court sets a hearing, typically within a few days of service.

If the occupant does not appear or the court rules for the owner, the court issues a writ of restitution directing the sheriff or constable to restore possession to the owner. The occupant is given a brief window to remove personal belongings before the writ is executed.

Step 4: Coordinate with the Sheriff

The sheriff's office, not the property owner, carries out the physical removal. The owner delivers the writ of restitution to the sheriff and pays any required fee. The sheriff posts notice and, after the notice period, removes the occupant and their property.

Step 5: Document Everything

Throughout the process, the owner should document the condition of the property with photographs and written records, keep copies of all court filings and orders, and preserve any evidence of damage for a later civil claim.

Trespasser vs. Squatter vs. Holdover Tenant

Montana law treats these categories differently in practice. A trespasser who entered recently and has no claim of occupancy can sometimes be removed by calling law enforcement under the criminal trespass statute, Mont. Code Ann. § 45-6-203, if the occupant refuses to leave after being told to do so. Law enforcement may or may not treat it as a criminal matter depending on how long the person has been present and whether there is any indicia of residency. For occupants who have been present long enough to establish apparent residency, the civil FED route is the reliable path.

The 2025 Unlawful Squatting Law

Montana enacted Senate Bill 101 in 2025 (Chapter 179, Laws of Montana 2025), codified at Mont. Code Ann. § 45-6-206. The law creates a standalone misdemeanor offense of unlawful squatting: knowingly entering and residing on another's premises without the consent of the owner, rightful occupant, or an authorized representative. Under the statute, law enforcement may immediately remove a person who commits unlawful squatting from the premises, and a convicted squatter must pay restitution equal to the fair market rent for the duration of the unauthorized occupancy. The law also treats presenting false authorization documents as forgery and damaging property during the occupation as criminal mischief. This gives Montana property owners a faster, law-enforcement-administered path in addition to the civil FED procedure under § 70-27-101 et seq.

Legal disclaimer: This article is general legal information about Montana law and is not legal advice. Laws change, and individual circumstances vary. If you are a property owner dealing with an unauthorized occupant, or an occupant facing removal, consult a licensed Montana attorney before taking action.

For how other states handle these same issues, see the national squatters rights guide.

Article by the RecordingLaw.com editorial team. Last reviewed May 27, 2026.

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