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post #41 of 42 Old 10-31-2018, 04:04 AM
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The NW is a beautiful place, but I just can't bear the cold! If I could, I'd live there in a heartbeat.

Beautiful pics fellas....
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post #42 of 42 Old 11-02-2018, 03:06 PM
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Originally Posted by mpholland View Post
Good luck, but remember that adverse possession usually takes 10 years. I'm in the middle of that mess now. You need to prove open, notorious, exclusive, hostile and continuous possession for that time, meaning you need to blatantly use the land. You also have to prove that you actually believed it to be your property all along. This all has to be proved with "clear and convincing evidence", which isn't easy. BTW, grazing livestock is not considered "USE". You would have to make an investment in the property and be prepared to lose that investment if things didn't go your way. There is much more to it than just building a fence. One of the hardest parts is that if you go to offensively take by adverse possession, you are pretty much admitting right off the bat that you knew the property wasn't yours already. You almost have to be defensive to win anymore and wait for someone else to claim that you are infringing on their property first.
I've looked long and hard into it and should be pretty easy going on one year so far with my foot in the door since out here it's half of that 10 years. Each state laws varies but you got most of it right.

Continuous for the statutory period (which is five years in Montana, under Mont. Code Ann. 70-19-411), and be accompanied by payment of taxes for the full five years.
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