Squatter’s Rights in Montana
Occupying another person’s property without obtaining their permission might seem like an act of trespassing. Nevertheless, in numerous instances, it is permitted by law. Furthermore, there are statutes in place that safeguard squatters.
In this piece, we will explore the definition of a squatter, strategies to deter them from asserting adverse possession, and the appropriate course of action if you discover their presence on your property. Additionally, we will conduct a thorough examination of squatters’ rights in Montana to guarantee that you are well-prepared to defend your property.
Understanding Squatters in Montana
In the state of Montana, a squatter refers to an individual who illegally occupies a property that is abandoned, foreclosed, unoccupied, or not being properly maintained by its rightful owner. The concept of squatters’ rights has been recognized by the United States government since the mid-19th century, with various laws enacted to differentiate between legal squatting and unlawful trespassing.
Adverse Possession Laws in Montana
When exploring the topic of adverse possession, it’s crucial to familiarize yourself with the relevant terminology.
Adverse possession is a legal framework that allows individuals who have occupied someone else’s land and met specific legal requirements to potentially gain ownership rights to that property. The concepts of “adverse possession” and “squatter’s rights” are often used interchangeably.
In this context, a person filing an adverse possession claim to secure ownership of a property is referred to as a “disseisor.” To successfully assert their rights and claim title to a property in Montana, a disseisor must satisfy a set of adverse possession requirements.
Unwanted Occupants: Trespassers, Squatters, & Holdover Tenants
When confronted with individuals who have unlawfully entered your property, it’s crucial to differentiate between squatting and trespassing.
The sole factor that distinguishes trespassing from squatting is the occupancy status of the property and whether the owner has clearly communicated that unauthorized persons are prohibited from entering.
Unlawful Entry
Unlawful entry is defined as the act of knowingly entering a premises or property without the explicit permission of the owner or authorized party. This offense is committed when an individual disregards clearly visible signage that prohibits unauthorized access and continues to enter the property despite lacking any legal right or justification to do so. Those who engage in such behavior may face criminal charges for their actions.
Gardening
Conversely, if the plot of land is unoccupied and the landowner hasn’t specifically indicated that visitors are prohibited, it could be considered an opportunity for guerrilla gardening — and accusations of trespassing wouldn’t be relevant.
Holdover Tenants
Holdover tenants, also known as tenants at sufferance, are renters who remain in a property after the expiration of their lease agreement. Dealing with holdover tenants requires a different strategy compared to handling squatters or trespassers.
In this situation, the tenant is obligated to continue paying rent based on the existing terms and rates. If the landlord accepts their continued occupancy without addressing the legality of the tenancy, the tenant becomes a “tenant at will.”
As a tenant at will, they are occupying the property solely at the landlord’s discretion and can be evicted at any time without prior notice.
If a holdover tenant receives a notice to vacate, they must leave the premises immediately to avoid facing an unlawful detainer lawsuit. Once a holdover tenant has been notified to vacate, they cannot claim adverse possession and are instead considered criminal trespassers.
Montana’s Adverse Possession Requirements
In order to successfully establish an adverse possession claim in Montana, the following conditions must be satisfied:
- Physical Occupation
- Uninterrupted Use
- Visible and Well-Known Presence
- Sole Occupancy
- Possession Contrary to Owner’s Interests
Now, let’s delve deeper into each of these requirements and their specific criteria.
Physical Occupation
To establish a valid adverse possession claim, squatters must demonstrate physical occupation of the property in question. This requires actively using and controlling the land as if they were the rightful owners, which involves performing regular maintenance tasks and ensuring the property remains in good condition.
Uninterrupted Occupancy
In order to establish legal rights to a property in Montana, squatters are required to demonstrate uninterrupted occupancy of the premises.
The squatter must have continuously resided on the property for a minimum of five years. During this five-year period, they are obligated to consistently maintain the property and fulfill any applicable property tax obligations.
Compared to most other states in the US, which typically require continuous possession for 20 years before squatters can file an adverse possession claim, Montana offers greater protections for squatters’ rights.
Visible and Well-Known Occupation
For an adverse possession claim to be valid, the occupant must openly reside on and use the property in a way that would be apparent to any outside observer. Attempts to hide one’s presence on the land will undermine an adverse possession case.
Sole Occupancy Requirement
Montana law does not recognize adverse possession claims when multiple individuals share occupancy of a property. To establish a legitimate claim, the adverse possessor must demonstrate uninterrupted, sole possession and use of the property for at least five continuous years. The rightful owner cannot simultaneously reside on or use the property during the adverse possession period.
Adverse Possession
Adverse possession is a legal principle that allows an individual to claim ownership rights over a property they have been occupying and using without the owner’s permission. This can happen when the occupant, known as the adverse possessor, meets certain legal requirements, such as openly and notoriously using the property for a specified period, which varies by jurisdiction. If successful, the adverse possessor can gain legal title to the property, even if they initially occupied it without the true owner’s knowledge or consent.
Protecting Your Property from Unlawful Occupants
Property owners who leave their real estate unoccupied may be vulnerable to the risk of squatters taking over their land. Due to the less stringent legal requirements for continuous occupancy, it is crucial to take proactive measures to protect your property from unauthorized individuals. Consider implementing the following strategies to secure your vacant land:
Invest in a High-Quality Security System
Installing a robust security system is crucial for protecting your property. If surveillance cameras are beyond your budget, at the very least, invest in sturdy locks to prevent unauthorized access to your property. Deterring potential squatters is often as simple as making it difficult for them to enter the premises.
Frequently Check on Your Unoccupied Real Estate
Regularly inspecting your vacant property reduces the chances of unauthorized occupancy. If an extended absence is anticipated, arrange for a trusted individual to periodically monitor the premises on your behalf.
Display Clear Signage
Prominently display “No Unauthorized Entry” signs along the boundaries of your property. By making it evident that individuals are not permitted on your premises, you can deter potential intruders from entering. Those who choose to ignore these signs will be classified as trespassers rather than squatters, as you have explicitly communicated that no one has legal authorization to inhabit the structure, land, or dwelling.
Ensure Timely Payment of Property Taxes
By consistently paying your property taxes on schedule, you effectively prevent squatters from doing so themselves, which, under adverse possession laws, renders them ineligible to file a claim on your property.
Evict Trespassers
To prevent unauthorized individuals from asserting a claim to your property, it is crucial to take timely action. Montana’s adverse possession statutes do not specifically address the removal of squatters. Landowners are required to adhere to the eviction procedures, which involve providing the unwelcome occupants with a written notice to leave the premises or initiating a legal eviction proceeding.
Providing a Formal Written Notification
In the state of Montana, property owners have the option to serve tenants with one of three distinct types of eviction notices.
72-Hour Rental Payment Demand
To avoid eviction proceedings, a 72-Hour Rental Payment Demand notice must be served to the tenant, clearly stating the overdue rent amount that must be paid immediately to remain in the rental unit. If the specified rent is not received in full within 72 hours of notice delivery, the landlord has the legal right to file an eviction lawsuit to remove the delinquent renter from the property.
30-day Eviction Notice
For tenants on a month-to-month lease or those who have stayed beyond their lease term, a 30-Day Eviction Notice can be issued. If rent is paid weekly, a 7-Day Eviction Notice may be used instead. These notices are also applicable in situations where there was no formal lease agreement to begin with.
Infringing Upon Specific Regulations
Property owners possess the authority to issue a 14-day notification to squatters, requesting their departure if they are in violation of any health, building, safety, or housing regulations. Prior to commencing an eviction proceeding, a landlord has the right to serve a tenant with a three-day notice to vacate the premises if unlawful activities have taken place on the property. In an attempt to extend their occupancy, squatters may challenge the eviction. Nevertheless, the ruling often sides with the property owner.
Ultimate Notification to Depart from the Premises
In the event that a court mandates an eviction subsequent to an eviction legal proceeding, the law enforcement officer is obligated to furnish the unauthorized occupant with a Writ of Possession, which functions as an ultimate admonition to vacate the premises or confront forcible extraction. It is of utmost importance to bear in mind that the unauthorized occupant may solely be removed by a law enforcement officer possessing a court mandate. Any endeavor by the property owner to expel the unauthorized occupant autonomously (by severing the utilities or altering the locks, for instance) is unlawful and may precipitate legal repercussions.
Reclaiming Personal Belongings
Procedures exist to help property owners remove any personal items left behind by the evicted squatter. The owner is required to wait 48 hours after delivering a written eviction notice before moving the belongings. The squatter then has 10 days to retrieve their possessions.
If the items are not claimed, the property owner is allowed to dispose of them. But if the squatter responds, they are given 7 more days to collect their property. If the owner must store the items for the extra 7 days, they may charge a storage fee.
Final Thoughts
Property owners must be aware of adverse possession laws to protect their land from being claimed by squatters. Squatters can only assert their rights if they meet the specific criteria set forth in Montana’s adverse possession statutes.
If you’re seeking a cutting-edge property management software to streamline your rental business operations, DoorLoop is the perfect solution for your needs.
Contact us today to schedule your free demo! You can also take advantage of our complimentary Montana rental forms for further assistance.
Do Squatters Need to Pay Property Taxes in Montana to Claim Adverse Possession?
In Montana, squatters must pay property taxes on the land they are occupying in order to have a valid adverse possession claim. Paying taxes does not reduce the squatter’s requirement to maintain continuous possession of the property in Montana, unlike some other states. To successfully claim adverse possession, the squatter is obligated to pay municipal, county, and state property taxes for the entire five-year period of their occupancy.
Does Montana law recognize color of title in adverse possession claims?
In Montana, color of title is not a necessary element for an adverse possession claim. Unlike some other states, having color of title does not provide any advantages, such as reducing the required period of continuous possession. The statutory period for adverse possession in Montana remains five years, regardless of whether the claimant has color of title or not.
What’s the difference between trespassing and squatting?
Trespassing and squatting are often confused but there is a key difference. Trespassing occurs when someone enters and remains on a property despite the owner clearly communicating that the property is off-limits to others. In contrast, squatting happens when a person occupies a property that doesn’t have any signs or indications prohibiting access or occupancy.
What is the minimum time period a squatter needs to reside on a property in Montana to file an adverse possession claim?
In Montana, a squatter must occupy a property continuously for at least five years in order to be eligible to make an adverse possession claim. It’s important to note that meeting the five-year residency requirement alone is not sufficient; the squatter must also satisfy the remaining four conditions to successfully assert their rights as a squatter.