How many years of continuous, open, hostile, and notorious use are required to establish adverse possession in Montana?
Correct Answer
A) 5 years
Montana law (MCA 70-19-401) requires 5 years of continuous, open, hostile, notorious, and exclusive use to establish adverse possession. The claimant must also have paid all taxes levied on the property during that period. This 5-year period aligns with Montana's general statute of limitations for real property actions under MCA 27-2-202.
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Related Topics & Key Terms
Related Topics:
Key Terms:
Related Concepts
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
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