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What Is the Statute of Limitations for Trespass in Montana?

In Montana, the statute of limitations for trespass is generally 2 years under Mont. Code Ann. § 27-2-207.

2 YEARS
Trespass to Land · Montana
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Trespass Deadlines in Montana

How long do you have to file a trespass claim in Montana?

In Montana, the statute of limitations for trespass is generally 2 years under Mont. Code Ann. § 27-2-207.

When does the clock start for trespass in Montana?

Two years for trespass.

Can the Montana deadline for trespass be extended?

A continuing trespass can give rise to successive claims. Repoint the URL to § 27-2-207.

Is the deadline different if the claim is against the government in Montana?

Often, yes. Separate limits for local government claims under Mont. Code Ann. §§ 27-2-209, 2-9-301. MCA § 27-2-209 sets its own periods for actions against a local government or local government official, separate from the general tort rules. Claims against the State must be presented to the Department of Administration under § 2-9-301 before suit. Not confi…

How does Montana compare to other states for trespass?

Montana's 2 years is among the shortest in the country. Across the 48 jurisdictions with a verified figure, the deadline for trespass ranges from 2 years to 10 years, and 3 years is the most common. Compare all states →

What Does Trespass to Land Cover?

Situations that typically fall under the trespass deadline in Montana:

01 Unauthorized entry onto private property
02 Encroaching structures or fences
03 Interference with use of real property
04 Unauthorized removal of timber or resources
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Other Filing Deadlines in Montana

Statutes of limitations have exceptions, and courts apply them to specific facts. This page states the general rule. A licensed Montana attorney can tell you the deadline that applies to your situation.
See every filing deadline in Montana, or compare trespass across all states.
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