reglab/housing_qa huggingface dataset:
MT Code § 70-19-102 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 19. Real Property Actions Generally Limitations and Adverse Possession|Part 1. General Provisions|70-19-102. Action affecting title or possession -- filing as constructive notice

  70-19-102. Action affecting title or possession -- filing as constructive notice. (1) In an action affecting the title or right of possession of real property or in an action between husband and wife, the plaintiff, at the time of filing the complaint, and the defendant, at the time of filing the answer, when affirmative relief is claimed in the answer, or at any time afterward may file in the office of the clerk and recorder of the county in which the property is situated a notice of the pendency of the action containing the names of the parties and the object of the action or defense and a description of the property in that county affected by the action or defense.   (2) From the time of filing of the notice only is a purchaser or encumbrancer of the property affected considered to have constructive notice of the pendency of the action and only of its pendency against parties designated by their real names.   History: En. Sec. 27, p. 48, Bannack Stat.; re-en. Sec. 27, p. 139, L. 1867; re-en. Sec. 33, p. 33, Cod. Stat. 1871; amd. Sec. 70, p. 55, L. 1877; re-en. Sec. 70, 1st Div. Rev. Stat. 1879; re-en. Sec. 70, 1st Div. Comp. Stat. 1887; amd. Sec. 634, C. Civ. Proc. 1895; re-en. Sec. 6517, Rev. C. 1907; re-en. Sec. 9109, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 409; re-en. Sec. 9109, R.C.M. 1935; R.C.M. 1947, 93-3005; amd. Sec. 2130, Ch. 56, L. 2009.
MT Code § 70-19-103 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 19. Real Property Actions Generally Limitations and Adverse Possession|Part 1. General Provisions|70-19-103. Action for recovery of possession not prejudiced by alienation

  70-19-103. Action for recovery of possession not prejudiced by alienation. An action for the recovery of real property against a person in possession cannot be prejudiced by any alienation made by such person, either before or after the commencement of the action.   History: En. Sec. 241, p. 93, Bannack Stat.; re-en. Sec. 263, p. 188, L. 1867; re-en. Sec. 312, p. 95, L. 1871; re-en. Sec. 362, p. 139, L. 1877; re-en. Sec. 362, 1st Div. Rev. Stat. 1879; re-en. Sec. 374, 1st Div. Comp. Stat. 1887; re-en. Sec. 1320, C. Civ. Proc. 1895; re-en. Sec. 6880, Rev. C. 1907; re-en. Sec. 9498, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 747; re-en. Sec. 9498, R.C.M. 1935; R.C.M. 1947, 93-6222.
MT Code § 70-19-201 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 19. Real Property Actions Generally Limitations and Adverse Possession|Part 2. Actions Relating to Mining Claims|70-19-201. Actions concerning mining claims governed by local rules

  70-19-201. Actions concerning mining claims governed by local rules. In actions respecting mining claims, proof must be admitted of the customs, usages, or regulations established and in force at the bar or diggings embracing such claim; and such customs, usages, or regulations, when not in conflict with the laws of this state or the United States, must govern the decision of the action.   History: En. Sec. 363, p. 139, L. 1877; re-en. Sec. 363, 1st Div. Rev. Stat. 1879; re-en. Sec. 375, 1st Div. Comp. Stat. 1887; amd. Sec. 1321, C. Civ. Proc. 1895; re-en. Sec. 6881, Rev. C. 1907; re-en. Sec. 9499, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 748; re-en. Sec. 9499, R.C.M. 1935; R.C.M. 1947, 93-6223.
MT Code § 70-19-202 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 19. Real Property Actions Generally Limitations and Adverse Possession|Part 2. Actions Relating to Mining Claims|70-19-202. Abuse of property held jointly or in common -- action -- mining property

  70-19-202. Abuse of property held jointly or in common -- action -- mining property. If a person assumes and exercises exclusive ownership over or takes away, destroys, lessens in value, or otherwise injures or abuses any property held in joint tenancy or tenancy in common, the party aggrieved has action for the injury in the same manner as the aggrieved party would have if the joint tenancy or tenancy in common did not exist. However, this section does not prevent one cotenant or joint tenant or any number of cotenants or joint tenants acting together from entering on the common property at any point or points not then in the actual occupancy of the nonjoining cotenants or joint tenants and enjoying all rights of occupancy of the property, without waste and, in the case of mining property, from mining the property in a minerlike manner and extracting, milling, and disposing of the ore from the common property, paying its or their own expenses and subject to accounting to the nonjoining cotenant or joint tenant for the net profits of the mining operations. All liens for labor and materials incurred in the mining attach only to the undivided interest or interests of the working cotenants or joint tenants, but nothing in this section prevents or precludes the cotenant or joint tenant, not joining in the operation of the mining property, from receiving the cotenant's or joint tenant's proportionate share of all ore or ores on the dump upon payment or tendering payment of the actual cost of mining the property.   History: En. Sec. 2, p. 454, Bannack Stat.; re-en. Sec. 2, p. 504, Cod. Stat. 1871; re-en. Sec. 771, 5th Div. Rev. Stat. 1879; re-en. Sec. 1285, 5th Div. Comp. Stat. 1887; amd. Sec. 592, C. Civ. Proc. 1895; en. Sec. 1, p. 134, L. 1899; re-en. Sec. 6499, Rev. C. 1907; re-en. Sec. 9091, R.C.M. 1921; re-en. Sec. 9091, R.C.M. 1935; R.C.M. 1947, 93-2829; amd. Sec. 2131, Ch. 56, L. 2009.
MT Code § 70-19-203 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 19. Real Property Actions Generally Limitations and Adverse Possession|Part 2. Actions Relating to Mining Claims|70-19-203. Adverse claims under acts of congress

  70-19-203. Adverse claims under acts of congress. In an action brought to determine the respective rights of claimants to the possession of a mining claim or quartz lode under the provisions of the acts of congress of the United States, it is immaterial which party is in possession, and it is sufficient to confer jurisdiction upon the court if it appears from the pleadings that the application for a patent has been made and an adverse claim thereto filed and allowed in the proper land office, and the verdict or decision must find which party is entitled to the possession of the premises in dispute.   History: En. Sec. 1322, C. Civ. Proc. 1895; re-en. Sec. 6882, Rev. C. 1907; re-en. Sec. 9500, R.C.M. 1921; re-en. Sec. 9500, R.C.M. 1935; R.C.M. 1947, 93-6224.
MT Code § 70-19-204 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 19. Real Property Actions Generally Limitations and Adverse Possession|Part 2. Actions Relating to Mining Claims|70-19-204. Order for inspection or survey

  70-19-204. Order for inspection or survey. (1) Whenever a person has any right to or interest in any lead, lode, or mining claim that is in the possession of another person and it is necessary for the ascertainment, enforcement, or protection of that right or interest that an inspection, examination, or survey of the lead, mine, lode, or mining claim should be made or whenever any inspection, examination, or survey of the lead, mine, lode, or mining claim is necessary to protect, ascertain, or enforce the right or interest of any person in another lead, mine, lode, or mining claim and the person in possession of the other lead, mine, lode, or mining claim refuses for a period of 3 days after demand in writing to allow the inspection, examination, or survey to be had or made, the demanding party may present to the district court of the county in which the lead, mine, lode, or mining claim is located a petition under oath setting out the party's interest in the premises, describing the premises, setting out that the premises are in the possession of a party, naming the party, setting out the reason why the examination, inspection, or survey is necessary, and setting out the demand made on the person in possession to permit the examination, inspection, or survey and the person's refusal.   (2) The court or judge shall appoint a time and place for hearing a petition and shall order notice to be served upon the adverse party. The notice must be served at least 1 day before the day of hearing. At the hearing, either party may read affidavits or produce oral testimony, and if the judge is satisfied that the facts stated in the petition are true, the judge shall make an order for an inspection, examination, or survey of the lead, mine, lode, or mining claim in question in a manner, at a time, and by persons that are mentioned in the order. Upon the order the person shall have free access to the lead, mine, lode, or mining claim for the purpose of making the inspection, examination, or survey, and any interference with the person while acting under the order is contempt of court.   (3) If the order of the court is made while an action is pending between the parties to the order, the costs of obtaining the order must await the result of the action, but all costs of making the examination or survey must be paid by the petitioner.   History: En. Sec. 8, p. 10, L. 1881; re-en. Sec. 376, 1st Div. Comp. Stat. 1887; re-en. Sec. 1317, C. Civ. Proc. 1895; re-en. Sec. 6876, Rev. C. 1907; re-en. Sec. 9494, R.C.M. 1921; re-en. Sec. 9494, R.C.M. 1935; R.C.M. 1947, 93-6218; amd. Sec. 2132, Ch. 56, L. 2009.
MT Code § 70-19-301 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 19. Real Property Actions Generally Limitations and Adverse Possession|Part 3. Provisions and Limitations Relating to the State of Montana|70-19-301. Application to lands conveyed by state

  70-19-301. Application to lands conveyed by state. The provisions of parts 3 and 4 apply to all lands sold and conveyed before July 1, 1955, by the state of Montana for which a valid consideration was received by the state, provided that the state, at the time of the sale or conveyance, was not precluded by the constitution of Montana or by the terms of the grant of the lands by the United States from selling and disposing of the land. An occupant of a public way or other ground dedicated or appropriated by the state to public use and not subject to sale may not acquire by reason of the occupancy any title to the public way or ground.   History: En. Sec. 1, Ch. 195, L. 1955; R.C.M. 1947, 93-2516; amd. Sec. 2133, Ch. 56, L. 2009.
MT Code § 70-19-302 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 19. Real Property Actions Generally Limitations and Adverse Possession|Part 3. Provisions and Limitations Relating to the State of Montana|70-19-302. Statute of limitations for state actions concerning real property

  70-19-302. Statute of limitations for state actions concerning real property. The state will not sue any person for or in respect to any real property or the issues or profits thereof by reason of the right or title of the state to the same unless:   (1) such right or title shall have accrued within 10 years before any action or other proceeding for the same is commenced; or   (2) the state or those from whom it claims shall have received the rents and profits of such real property or of some part thereof within the space of 10 years.   History: En. Sec. 480, C. Civ. Proc. 1895; re-en. Sec. 6429, Rev. C. 1907; re-en. Sec. 9012, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 315; re-en. Sec. 9012, R.C.M. 1935; R.C.M. 1947, 93-2501.
MT Code § 70-19-303 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 19. Real Property Actions Generally Limitations and Adverse Possession|Part 3. Provisions and Limitations Relating to the State of Montana|70-19-303. Statute of limitations for actions by grantee -- joinder of state

  70-19-303. Statute of limitations for actions by grantee -- joinder of state. (1) An action may not be brought for or in respect to real property by any person claiming under letters patent or grants from this state unless the plaintiff or the plaintiff's ancestor, predecessor, or grantor was seized or possessed of the property in question within 10 years before the commencement of the action.   (2) In an action described in subsection (1), the state of Montana may be made a party defendant and has only the defenses that are available to other parties defendant to the action, provided that a judgment in any action may not include damages, attorney fees, or court costs against the state of Montana.   History: En. Sec. 481, C. Civ. Proc. 1895; re-en. Sec. 6430, Rev. C. 1907; re-en. Sec. 9013, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 316; re-en. Sec. 9013, R.C.M. 1935; amd. Sec. 1, Ch. 196, L. 1955; R.C.M. 1947, 93-2502; amd. Sec. 2134, Ch. 56, L. 2009.
MT Code § 70-19-304 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 19. Real Property Actions Generally Limitations and Adverse Possession|Part 3. Provisions and Limitations Relating to the State of Montana|70-19-304. Statute of limitations for action for recovery of property under void conveyance from state

  70-19-304. Statute of limitations for action for recovery of property under void conveyance from state. When letters patent or grants of real property issued or made by the state are declared void by the determination of a competent court, an action for the recovery of the property conveyed may be brought, either by the state or by any subsequent patentee or grantee of the property or the patentee's or grantee's heirs or assigns only within 10 years after the determination.   History: En. Sec. 482, C. Civ. Proc. 1895; re-en. Sec. 6431, Rev. C. 1907; re-en. Sec. 9014, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 317; re-en. Sec. 9014, R.C.M. 1935; R.C.M. 1947, 93-2503; amd. Sec. 2135, Ch. 56, L. 2009.
MT Code § 70-19-305 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 19. Real Property Actions Generally Limitations and Adverse Possession|Part 3. Provisions and Limitations Relating to the State of Montana|70-19-305. Certificate of purchase from state or United States prima facie evidence of ownership

  70-19-305. Certificate of purchase from state or United States prima facie evidence of ownership. A certificate of purchase or of location of any lands in this state issued or made in pursuance of any law of the United States or of this state is prima facie evidence that the holder or assignee of the certificate is the owner of the land described in the certificate, but this evidence may be overcome by proof that at the time of the location or time of filing a preemption claim on which the certificate may have been issued, the land was in the adverse possession of the adverse party or those under whom the adverse party claims or that the adverse party is holding the land for mining purposes.   History: En. Sec. 3213, C. Civ. Proc. 1895; re-en. Sec. 7931, Rev. C. 1907; re-en. Sec. 10575, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1925; re-en. Sec. 10575, R.C.M. 1935; R.C.M. 1947, 93-1001-37; amd. Sec. 2136, Ch. 56, L. 2009.
MT Code § 70-19-401 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 19. Real Property Actions Generally Limitations and Adverse Possession|Part 4. Limitations and Adverse Possession|70-19-401. Action for recovery -- possession within 5 years required

  70-19-401. Action for recovery -- possession within 5 years required. An action for the recovery of real property or for the possession of real property may not be maintained unless it appears that the plaintiff or the plaintiff's ancestor, predecessor, or grantor was seized or possessed of the property in question within 5 years before the commencement of the action.   History: En. Sec. 29, p. 45, L. 1877; re-en. Sec. 29, 1st Div. Rev. Stat. 1879; re-en. Sec. 29, 1st Div. Comp. Stat. 1887; amd Sec. 483, C. Civ. Proc. 1895; re-en. Sec. 6432, Rev. C. 1907; re-en. Sec. 9015, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 318; re-en. Sec. 9015, R.C.M. 1935; amd. Sec. 1, Ch. 224, L. 1953; amd. Sec. 12, Ch. 263, L. 1975; R.C.M. 1947, 93-2504; amd. Sec. 2137, Ch. 56, L. 2009.
MT Code § 70-19-402 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 19. Real Property Actions Generally Limitations and Adverse Possession|Part 4. Limitations and Adverse Possession|70-19-402. Action or defense arising out of title to property or profits -- possession within 5 years required

  70-19-402. Action or defense arising out of title to property or profits -- possession within 5 years required. No cause of action or defense to an action, arising out of the title to real property or to rents or profits out of the same, can be effectual unless it appear that the person prosecuting the action or making the defense or under whose title the action is prosecuted or the defense is made or the ancestor, predecessor, or grantor of such person was seized or possessed of the premises in question within 5 years before the commencement of the act in respect to which such action is prosecuted or defense made.   History: En. Sec. 30, p. 45, L. 1877; re-en. Sec. 30, 1st Div. Rev. Stat. 1879; re-en. Sec. 30, 1st Div. Comp. Stat. 1887; amd. Sec. 484, C. Civ. Proc. 1895; re-en. Sec. 6433, Rev. C. 1907; re-en. Sec. 9016, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 319; re-en. Sec. 9016, R.C.M. 1935; amd. Sec. 2, Ch. 224, L. 1953; R.C.M. 1947, 93-2505.
MT Code § 70-19-403 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 19. Real Property Actions Generally Limitations and Adverse Possession|Part 4. Limitations and Adverse Possession|70-19-403. When action on claim by entry must be commenced

  70-19-403. When action on claim by entry must be commenced. No entry upon real estate is deemed sufficient or valid as a claim unless an action be commenced thereupon within 1 year after making such entry and within 5 years from the time when the right to make it descended or accrued.   History: En. Sec. 3, p. 466, Bannack Stat.; re-en. Sec. 3, p. 515, Cod. Stat. 1871; amd. Sec. 31, p. 46, L. 1877; re-en. Sec. 31, 1st Div. Rev. Stat. 1879; re-en. Sec. 31, 1st Div. Comp. Stat. 1887; amd. Sec. 485, C. Civ. Proc. 1895; re-en. Sec. 6434, Rev. C. 1907; re-en. Sec. 9017, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 320; re-en. Sec. 9017, R.C.M. 1935; amd. Sec. 3, Ch. 224, L. 1953; R.C.M. 1947, 93-2506.
MT Code § 70-19-404 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 19. Real Property Actions Generally Limitations and Adverse Possession|Part 4. Limitations and Adverse Possession|70-19-404. Presumption of possession within prescribed period -- adverse possession as exception

  70-19-404. Presumption of possession within prescribed period -- adverse possession as exception. In every action for the recovery of real property or the possession thereof, the person establishing a legal title to the property is presumed to have been possessed thereof within the time required by law, and the occupation of the property by any other person is deemed to have been under and in subordination to the legal title unless it appear that the property has been held and possessed adversely to such legal title for 5 years before the commencement of the action.   History: En. Sec. 4, p. 466, Bannack Stat.; re-en. Sec. 4, p. 515, Cod. Stat. 1871; amd. Sec. 32, p. 46, L. 1877; re-en. Sec. 32, 1st Div. Rev. Stat. 1879; re-en. Sec. 32, 1st Div. Comp. Stat. 1887; amd. Sec. 486, C. Civ. Proc. 1895; re-en. Sec. 6435, Rev. C. 1907; re-en. Sec. 9018, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 321; re-en. Sec. 9018, R.C.M. 1935; amd. Sec. 4, Ch. 224, L. 1953; R.C.M. 1947, 93-2507.
MT Code § 70-19-405 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 19. Real Property Actions Generally Limitations and Adverse Possession|Part 4. Limitations and Adverse Possession|70-19-405. Title by prescription

  70-19-405. Title by prescription. Except as provided in 23-2-322, occupancy for the period prescribed by this chapter as sufficient to bar an action for the recovery of the property confers a title thereto, denominated a title by prescription, which is sufficient against all.   History: En. Sec. 1391, Civ. C. 1895; re-en. Sec. 4571, Rev. C. 1907; re-en. Sec. 6818, R.C.M. 1921; Cal. Civ. C. Sec. 1007; Field Civ. C. Sec. 441; re-en. Sec. 6818, R.C.M. 1935; R.C.M. 1947, 67-1203; amd. Sec. 6, Ch. 556, L. 1985.
MT Code § 70-19-406 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 19. Real Property Actions Generally Limitations and Adverse Possession|Part 4. Limitations and Adverse Possession|70-19-406. Simple occupancy

  70-19-406. Simple occupancy. Occupancy for any period confers a title sufficient against all except the state and those who have title by prescription, accession, transfer, will, or succession.   History: En. Sec. 1390, Civ. C. 1895; re-en. Sec. 4570, Rev. C. 1907; re-en. Sec. 6817, R.C.M. 1921; Cal. Civ. C. Sec. 1006; Field Civ. C. Sec. 440; re-en. Sec. 6817, R.C.M. 1935; R.C.M. 1947, 67-1202.
MT Code § 70-19-407 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 19. Real Property Actions Generally Limitations and Adverse Possession|Part 4. Limitations and Adverse Possession|70-19-407. Occupancy under claim founded on instrument or judgment -- when considered adverse

  70-19-407. Occupancy under claim founded on instrument or judgment -- when considered adverse. When it appears that the occupant or those under whom the occupant claims entered into the possession of the property under claim of title, exclusive of other right, founding the claim upon a written instrument as being a conveyance of the property in question or upon the decree or judgment of a competent court and that there has been a continued occupation and possession of the property included in the instrument, decree, or judgment or of some part of the property under the claim for 5 years, the property included is considered to have been held adversely, except that when the property consists of a tract divided into lots, the possession of one lot is not considered a possession of any other lot of the same tract.   History: En. Sec. 33, p. 46, L. 1877; re-en. Sec. 33, 1st Div. Rev. Stat. 1879; re-en. Sec. 33, 1st Div. Comp. Stat. 1887; amd. Sec. 487, C. Civ. Proc. 1895; re-en. Sec. 6436, Rev. C. 1907; re-en. Sec. 9019, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 322; re-en. Sec. 9019, R.C.M. 1935; amd. Sec. 5, Ch. 224, L. 1953; R.C.M. 1947, 93-2508; amd. Sec. 2138, Ch. 56, L. 2009.
MT Code § 70-19-408 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 19. Real Property Actions Generally Limitations and Adverse Possession|Part 4. Limitations and Adverse Possession|70-19-408. Claim founded on instrument or judgment -- what considered possession and occupation

  70-19-408. Claim founded on instrument or judgment -- what considered possession and occupation. (1) For the purpose of constituting an adverse possession by any person claiming a title founded upon a written instrument or a judgment or decree, land is deemed to have been possessed and occupied in the following cases:   (a) where it has been usually cultivated or improved;   (b) where it has been protected by a substantial enclosure;   (c) where although not enclosed it has been used for the supply of fuel or of fencing timber, either for the purpose of husbandry or for pasturage or for the ordinary use of the occupant.   (2) Where a known farm or a single lot has been partly improved, the portion of such farm or lot that has been left not cleared or not enclosed, according to the usual course and custom of the adjoining country, shall be deemed to have been occupied for the same length of time as the part improved and cultivated.   History: En. Sec. 5, p. 466, Bannack Stat.; re-en. Sec. 5, p. 516, Cod. Stat. 1871; amd. Sec. 34, p. 46, L. 1877; re-en. Sec. 34, 1st Div. Rev. Stat. 1879; re-en. Sec. 34, 1st Div. Comp. Stat. 1887; amd. Sec. 488, C. Civ. Proc. 1895; re-en. Sec. 6437, Rev. C. 1907; re-en. Sec. 9020, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 323; re-en. Sec. 9020, R.C.M. 1935; R.C.M. 1947, 93-2509.