Mont. Code Ann. » TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS · CHAPTER 1. AVAILABILITY OF REMEDIES -- LIABILITY · Part 3. Measure of Damages
Montana Code Annotated

Mont. Code Ann. § 27-1-318 (2026)

Wrongful Occupation Of Real Property

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  1. MCA Contents
  2. TITLE 27
  3. CHAPTER 1
  4. Part 3
  5. 27-1-318 Wrongful occupation of real property

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 1. AVAILABILITY OF REMEDIES -- LIABILITY

Part 3. Measure of Damages

Wrongful Occupation Of Real Property

27-1-318. Wrongful occupation of real property. The detriment caused by the wrongful occupation of real property in cases not otherwise provided for in this code is deemed to be the value of the use of the property for the time of such occupation, not exceeding 5 years next preceding the commencement of the action or proceeding to enforce the right to damages, and the costs, if any, of recovering the possession.

History: En. Sec. 4331, Civ. C. 1895; re-en. Sec. 6069, Rev. C. 1907; re-en. Sec. 8687, R.C.M. 1921; Cal. Civ. C. Sec. 3334; Based on Field Civ. C. Sec. 1861; re-en. Sec. 8687, R.C.M. 1935; R.C.M. 1947, 17-402.

Notes of Decisions
Cited in 17 cases (2 in the last 5 years), 1981–2025 · leading case: Christian v. Atl. Richfield Co., 2015 MT 255, 358 P.3d 131.
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Christian v. Atl. Richfield Co., 2015 MT 255, 358 P.3d 131. · cites it 16× “The District Court presumably reached this conclusion based on § 27-1-318, MCA, which provides the measure of damages to be applied in a case of wrongful occupation: The detriment caused by the wrongful occupation of real property in cases not otherwise provided for in this code…”
Goodover v. Lindey's Inc., 843 P.2d 765 (Mont. 1992). · cites it 12× “Lindey's begins by arguing that the District Court erred in computing the damages for loss of use of property.”
Davis v. Westphal, 2017 MT 276, 405 P.3d 73. · cites it 4× “The court reasoned that: (1) the authority cited by Davises did not “order ejection, adopt the remedy of ejection, or otherwise establish standards for an ejection claim;” (2) § 27-1-318, MCA, “generally provides for money damages for wrongful occupation of real property;” (3)…”
Martin v. Randono, 623 P.2d 959 (Mont. 1981). · cites it 12× “Defendants’ measure of damage is governed by section 27-1-318, MCA, which states: *269 “Wrongful occupation of real property.”
Harding v. Savoy, 2004 MT 280, 100 P.3d 976. · cites it 6× “Applicable Statute ¶39 Savoy argues Hardings and Skogens are entitled only to the fair rental value of any land she wrongly occupied, based on the measure of damages provided in § 27-1-318, MCA, for the wrongful occupation of property.”
Small v. Good, 943 P.2d 1258 (Mont. 1997). · cites it 7× “The defendants prevailed on their counterclaim and requested attorney fees pursuant to § 27-1-318, MCA. We affirmed the district court’s refusal to award attorney fees stating: *164 pursuant to section 27-1-318, MCA, or in the alternative such fees should be awarded pursuant to…”
Weter v. Archambault, 2002 MT 336, 61 P.3d 771. · cites it 4× “Finally, Weter claims that testimony and other evidence regarding Archambaults' lawsuits and their refusal to sign new quit claim deeds when the prior deeds proved ineffective was sufficient evidence to prove wrongful occupation by Archambaults.”
PPL Montana, LLC v. State, 2010 MT 64, 229 P.3d 421. · cites it 2× “PPL claims that the State’s previously utilized valuation method for riverbeds consists of the following components: (1) appraise the value of adjacent upland property; (2) take the unit value per acre or square foot; (3) multiply this value by the area that is encumbered or…”
Smithers v. Hagerman, 797 P.2d 177 (Mont. 1990). · cites it 3× “Section 27-1-318, MCA, provides: “Wrongful occupation of real property.”
Parker v. Elder, 836 P.2d 1236 (Mont. 1992). · cites it 4× “Parker also recognizes that it has been well established in Montana that attorney's fees may not be recovered as "costs" under § 27-1-318, MCA. Martin v. Randono (1981), 191 Mont.”
Westlake v. Osborne, 750 P.2d 444 (Mont. 1988). · cites it 6× “Although counsel for both parties confused the matter by referring to unlawful detainer and forcible detainer interchangeably throughout the litigation, it is clear that the District Court disregarded these misnomers and awarded judgment to the Osbornes on a theory of wrongful…”
Blakely v. Kelstrup, 883 P.2d 814 (Mont. 1994). · cites it 2× “” The complaint also included counts charging the Kelstrups with wrongful and unlawful ouster and ejectment, and wrongñd occupation of the property pursuant to § 27-1-318, MCA. The relief requested included forfeiture of any interest held by the Kelstrups in the property.”
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