Montana Squatters’ Rights & Adverse Possession Laws - 2024

What are Squatters’ Rights in Montana?

Squatters’ rights, also known as adverse possession, allow a person to gain legal ownership of property that belongs to someone else. It involves occupying and using someone else's unused land for a specific statutory period of time. If the squatter meets all the legal requirements for adverse possession during this time, they can legally claim ownership of the property when the statutory period expires.

The concept behind squatters’ rights laws is to promote the maximum use of land. If a property owner allows their land to sit vacant and unused for many years, the law allows someone else to claim it as their own by occupying and using the land. Squatters’ rights laws vary by state, but generally require the squatter to openly and exclusively use the property as if they were the owner for a certain number of years before they can take legal ownership of the land.

In Montana, squatters’ rights fall under the legal doctrine of adverse possession. If someone is able to adversely possess a property in Montana for a certain period of time, they can petition to legally gain ownership of the land.

Requirements for Adverse Possession in Montana

To successfully claim adverse possession in Montana, a squatter must occupy and use someone else's private land without permission for a continuous period of 15 to 20 years. The squatter's possession must meet several specific requirements:

Hostile Possession

The squatter must occupy the land without the legal owner's permission. The squatter does not need to know who the owner is or have the intention of taking ownership. As long as the squatter uses the property as an average owner would, their possession is considered hostile.

Actual Possession

The squatter must physically occupy and use the land. Occasional or recreational use does not qualify as actual possession. The squatter must treat the land as if they were the true owner.

Open and Notorious Possession

It must be obvious to anyone that the squatter is occupying and using the land. This ensures the legal owner has a reasonable opportunity to take action against the squatter.

Exclusive Possession

Only the squatter can occupy and use the land. If others also use the property, the squatter's claim of adverse possession may not be valid. 

Continuous Possession

The squatter must occupy and use the land continuously for the full statutory period of 15 to 20 years. Any gaps or lapses in possession essentially restart the clock.

The squatter must meet all of these requirements for the entire statutory period to claim legal ownership through adverse possession. Even one day short of the time requirement could ruin the entire claim.

Who Qualifies as a Squatter in Montana?

In Montana, a squatter is someone who occupies and uses abandoned or unused private property without the owner's consent. Squatters take possession of property that appears unoccupied or neglected by the legal owner.  

To be considered a squatter in Montana, the person does not need to have any documentation showing ownership of the property. They simply see vacant land or an unused building and start occupying and using the space as if they were the owner.

Some key characteristics of squatters in Montana include:

• Move onto private property without the legal owner's knowledge or permission.
• Do not have a rental agreement or any payment arrangement with the property owner. 
• Use the property as a residence and/or utilize the land as if they were the owners.
• Occupy the property on a continuous basis and do not have another primary residence.
• Improve and maintain the property during their occupation.

If a squatter meets the legal requirements for adverse possession (outlined below), they can potentially gain legal ownership of the property they are occupying without the title holder's consent after residing there for a statutory period. The statutory period in Montana is between 15 and 20 years.

So in summary, a squatter is someone who takes over an unused, abandoned private property without the owner's permission. If they meet all the criteria, the squatter may be able to legally gain ownership through adverse possession after occupying the property for an extended period of time.

Hostile Possession

To claim adverse possession in Montana, the squatter's occupation of the land must be hostile. Hostile possession means occupying and using the land without the legal owner's consent or permission. 

The squatter does not need to know who the legal owner is, or have any intention of taking away their ownership, for the possession to be considered hostile. As long as the squatter occupies and uses the land as an average owner would, their possession meets the hostility requirement. For example, if the squatter builds structures, makes improvements, farms the land, or generally acts like an owner, this demonstrates hostile possession.

The key is that the squatter acts like an owner, not a tenant or licensee. Their use of the property should not appear to depend on anyone else's authority. As long as the squatter occupies the land as if they own it, without asking for the true owner's permission, their possession is hostile. Hostile possession does not require any ill will toward the owner or intent to take ownership. The squatter simply needs to use the property for their own benefit, without the owner's authority.

Actual Possession

Adverse possession in Montana requires the squatter to show actual possession of the property. This means the squatter must physically occupy and use the land in order for their claim to be valid. 

Occasional or recreational use of someone else's private property does not qualify as actual possession. For example, if a person only uses a vacant lot to camp on or park their car once in awhile, this sporadic use does not meet the requirements for adverse possession. The squatter needs to demonstrate they are regularly using the property as an average owner would.

To prove actual possession, the squatter should take actions like:

• Constructing structures or buildings on the land
• Making improvements to the property
• Using the land for gardening, farming, or grazing livestock
• Parking vehicles or storing personal items on the property 
• Living on the land either in a residence or campsite

Merely walking across someone else's land or making brief recreational use of it does not constitute actual possession in Montana. The squatter needs to physically occupy and use the property continuously throughout the statutory time period. Without this hands-on control and use of the land, the squatter will fail to meet the requirements for adverse possession.

Open and Notorious Possession

Open and notorious possession means that the squatter's occupation and use of the property must be obvious and well-known. This helps ensure that the legal property owner has a reasonable chance to become aware of the adverse possession and take action against the squatter. 

For possession to be considered open and notorious, it must be clear to anyone upon inspection that the squatter is occupying and using the land as if they were the rightful owner. A squatter's use is more likely to meet the open and notorious requirement if they:

• Make improvements to the property like building structures, planting gardens, or doing landscaping
• Establish utilities in their own name
• Place signs or markers indicating they are occupying the land
• Do not make any attempts to hide their presence

Conversely, a squatter who occupies a remote or secluded property and makes no changes may have difficulty proving their possession was open and notorious. The same goes for a squatter who tries to hide their occupancy from passersby or neighbors.

The rationale behind the open and notorious requirement is that the owner should have a reasonable opportunity to discover the squatter's presence on their land so they can take action to evict them or dispute the adverse possession claim. This helps protect property owners from losing rights simply because they were unaware of the unauthorized use.

Exclusive Possession

For a squatter to make a valid claim for adverse possession in Montana, they must have exclusive possession of the property. This means that only the squatter has been occupying and using the land during the statutory period. If other people have also been using or accessing the land, it invalidates the squatter's exclusive claim. 

The rationale behind requiring exclusive possession is that it demonstrates the squatter has been acting as the true owner of the property. If others are also using the land for recreation, working it, or living on it, then the squatter cannot claim they have exclusively possessed the property like a typical owner would.

Some key points regarding exclusive possession in Montana:

• If land is used by both the squatter and general public, there are no valid grounds for adverse possession. Public use of the land would invalidate any exclusive claim.
• If other individuals also camp, live, or work on parts of the land in addition to the squatter, exclusive possession is destroyed. All use and occupancy of the land must be by the squatter only.
• Easements allowing others to cross over or access parts of the land can undermine exclusive possession, depending on the easement rights granted.
• Occasional trespassing by others does not necessarily defeat exclusivity. As long as the squatter acts to eject trespassers when discovered, brief trespassing may not harm the claim.
• If a previous owner continues to access, use or occupy any part of the property along with the squatter, exclusivity does not exist and the ownership claim will fail.

In summary, the squatter must be the only one possessing and using the property as an owner would for the entire statutory period. Any concurrent use by others beyond occasional trespassing will defeat the element of exclusivity required for adverse possession.

Continuous Possession 

To claim adverse possession in Montana, the squatter must occupy and use the land continuously for the entire statutory period, which is 15-20 years. This means the squatter must maintain actual, open, notorious, hostile, and exclusive possession of the property for 15-20 full years without any gaps. 

If the squatter's possession is interrupted or broken at any time during the statutory period, the clock restarts. For example, if the owner forces the squatter to leave the property after 10 years of continuous possession, the squatter would have to start the statutory period over from zero if they return. Even a short gap of a few weeks or months restarts the clock.  

The continuous possession requirement helps ensure a squatter cannot try to "track" possession over many years by occupying the land sporadically. To satisfy the continuous possession requirement, the squatter must reside on the property for at least 15-20 full years without interruption as if they were the true owner. Merely storing belongings, making occasional visits, or making seasonal use of the property does not meet the continuous possession requirement in Montana.

Does Montana Recognize Color of Title?

Yes, Montana recognizes color of title, which means a squatter has some kind of legal document showing ownership of the property, even if the deed or document is invalid. 

With color of title in Montana, the statutory period for adverse possession is reduced from the typical 15-20 years down to just 5 years of continuous possession. 

So if a squatter has a deed or other document indicating they have a right to the property, even if it's not legally valid, they only need to occupy the land for 5 continuous years while meeting the other requirements to potentially claim adverse possession.

Color of title makes it easier and faster for squatters to try to gain legal ownership through adverse possession laws in Montana. That's why it's critical for property owners to monitor their land regularly and take action quickly against potential squatters.

Protect Property from Squatters

If you own property in Montana, it's important to take steps to prevent squatters from occupying your land and potentially making an adverse possession claim. Here are some tips to protect your property:

Monitor your property regularly

Make it a habit to walk the perimeter of your land on a regular basis. Look for any signs of trespassing or squatters, like makeshift dwellings, debris, or personal items left on the property. The sooner you detect a squatter, the quicker you can take action.

Post "No Trespassing" signs

Place visible signage around the perimeter of your property stating that trespassing is not permitted. While this may not stop determined squatters, it makes it clear that any occupation of the land is without the owner's permission. Be sure signs conform to state specifications. 

Install barriers

Fences, locked gates, thorny bushes and other physical barriers can help deter squatters and make it harder for them to occupy the land. Fences and no trespassing signs together make it obvious the land is privately owned.

Allow a neighbor to use the land

Having a trusted neighbor or third party make occasional use of your vacant property can help defeat a squatter's claim of open, notorious, continuous and exclusive use. Offer to let them hike across, camp on, or seasonally use portions of the land. 

Taking these proactive measures can help protect your property rights and prevent the loss of your land to adverse possession. Be vigilant and don't let squatters steal your property in Montana!

Key Takeaways

• In Montana, squatters can claim legal ownership of a property through adverse possession after occupying it continuously for a period of 15 to 20 years, meeting specific legal criteria.
• To claim adverse possession in Montana, squatters must meet requirements of hostile possession, actual possession, open and notorious possession, exclusive possession, and continuous possession for the entire statutory period.
• The term "hostile" in the context of adverse possession in Montana doesn't mean aggression; it refers to occupying the land without the legal owner's consent, using it for personal purposes.
• Squatters must physically occupy and use the land, demonstrating actual possession, and they must do so exclusively, not sharing the occupancy with others, including the legal owner.
• The squatter’s occupation of the property must be visible and apparent to anyone, ensuring the legal owner has the opportunity to notice and take action if desired.
• Squatters must maintain their presence and use of the property for the full 15-20 year period without significant interruptions to successfully claim adverse possession.
• Montana recognizes the concept of color of title, reducing the statutory period for adverse possession to just 5 years if the squatter has some form of legal documentation that suggests ownership, even if it is flawed.

By fulfilling these stringent criteria, squatters in Montana may potentially gain legal ownership of a property through adverse possession, converting unused or neglected land into productive use under new ownership.

Frequently Asked Questions

How do I evict a squatter in Montana?

Serve the squatter with a notice to vacate, and if they don't leave, file an eviction lawsuit in court and obtain a court order for removal.

What is the adverse possession law in Montana?

Adverse possession in Montana requires the squatter to occupy the property openly, notoriously, and continuously for a period of 5 years, with the payment of property taxes, to gain legal ownership.

Can you evict someone without a lease in Montana?

Yes, you can evict someone without a lease by providing a notice to vacate, usually 30 days, followed by a court eviction process if they fail to leave.

Can you just claim land in Montana?

Claiming land through adverse possession in Montana requires fulfilling specific legal criteria, including continuous, open, and notorious use for 5 years, along with the payment of taxes.