Mont. Code Ann. » TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS · CHAPTER 2. STATUTES OF LIMITATIONS · Part 2. Time Limits on Specific Kinds of Actions
Montana Code Annotated

Mont. Code Ann. § 27-2-207 (2026)

Injuries Involving Property

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 27
  3. CHAPTER 2
  4. Part 2
  5. 27-2-207 Injuries involving property

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 2. STATUTES OF LIMITATIONS

Part 2. Time Limits on Specific Kinds of Actions

Injuries Involving Property

27-2-207. Injuries involving property. Within 2 years is the period prescribed for the commencement of an action for:

(1) injury to or waste or trespass on real or personal property;

(2) taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property;

(3) killing or injuring stock by a railroad corporation or company.

History: Ap. p. Sec. 1, p. 50, L. 1893; re-en. Sec. 524, C. Civ. Proc. 1895; amd. Sec. 1, Ch. 128, L. 1903; re-en. Sec. 6449, Rev. C. 1907; amd. Sec. 1, Ch. 47, L. 1917; amd. Sec. 1, Ch. 172, L. 1921; re-en. Sec. 9033, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 338; re-en. Sec. 9033, R.C.M. 1935; amd. Sec. 1, Ch. 423, L. 1975; Sec. 93-2607, R.C.M. 1947; Ap. p. Sec. 510, C. Civ. Proc. 1895; re-en. Sec. 6443, Rev. C. 1907; re-en. Sec. 9027, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 335; re-en. Sec. 9027, R.C.M. 1935; Sec. 93-2601, R.C.M. 1947; R.C.M. 1947, 93-2601(part), 93-2607(part).

Notes of Decisions
Cited in 47 cases (3 in the last 5 years), 1979–2024 · leading case: Christian v. Atl. Richfield Co., 2015 MT 255 (Mont. 2015).
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Christian v. Atl. Richfield Co., 2015 MT 255 (Mont. 2015). · cites it 22× “3d 800 ; for injury to property, including nuisance and trespass, two years, § 27-2-207, MCA; for unjust enrichment, three years, § 27-2-202, MCA; N.”
Ritland v. Rowe, 861 P.2d 175 (Mont. 1993). · cites it 16× “In response to plaintiffs’ complaint, defendants affirmatively alleged that plaintiffs’ claim was barred by the statute of limitations found at § 27-2-207, MCA. Both defendants moved for summary judgment based on the bar of the statute of limitations.”
Blazer v. Wall, 2008 MT 145 (Mont. 2008). · cites it 4× “" The court further concluded that the easement had not been extinguished by adverse use for the statutory period; that the statute of limitations set forth in § 27-2-207, MCA, did not apply in this case; that the Waldhers' arguments based on laches, estoppel, acquiescence,…”
Knight v. City of Missoula, 827 P.2d 1270 (Mont. 1992). · cites it 5× “Section 27-2-207, MCA, is the statute of limitations for actions involving the injury to real property, and provides that an action must be brought within two years from the time the action accrues.”
Majers v. Shining Mountains, 711 P.2d 1375 (Mont. 1986). · cites it 7× “Section 27-2-207(1), MCA, prescribes a two year limit on actions for “injury to or waste or trespass on real or personal property.”
Burgett v. Flaherty, 663 P.2d 332 (Mont. 1983). · cites it 6× “The court concluded that Section 27-2-206, MCA, barred Burgett’s asserted malpractice claim, Section 27-2-207, MCA, barred the claim for conversion of the guns, and Section 27-2-211, MCA, barred the punitive damage aspect of the malpractice claim.”
Anderson v. Baker, 641 P.2d 1035 (Mont. 1982). · cites it 6× “With regard to the second issue, Sanders' action is not barred by the two-year statute of limitations, section 27-2-207, MCA. This statute does not begin to run until after there has been a demand and refusal of delivery.”
Montana Pole & Treating Plant v. IF Laucks & Co., 775 F. Supp. 1339 (D. Mont. 1991). · cites it 6× “Statute of Limitations Plaintiffs’ property damage claims are governed by Montana’s two-year statute of limitations found at Mont.Code Ann. § 27-2-207. The Magistrate Judge, in holding plaintiffs’ claims time-barred, concluded plaintiffs, as early as 1969, were aware of penta’s…”
Taylor v. Dep't of Fish, Wildlife & Parks, 666 P.2d 1228 (Mont. 1983). · cites it 6× “Section 27-2-207, MCA. We allowed supplemental briefing on this issue.”
Marian Haugen Trust v. Warner, 665 P.2d 1132 (Mont. 1983). · cites it 6× “Section 27-2-207, MCA. The complaint was filed in 1982, but only alleged damages for the years 1978 and 1979.”
Pub. Lands Access Ass'n v. Bd. of Cnty. Commissioners, 2014 MT 10 (Mont. 2014). · cites it 4× “The State cites § 27-2-207, MCA, which prescribes a limitation on “the commencement of an action” for injury to property.”
Rierson v. State, 622 P.2d 195 (Mont. 1981). · cites it 12× “Section 27-2-207, MCA. In his reply Rierson asserts that the applicable limitation is that for written contracts (section 27-7-202(1), MCA) which is eight years, or obligations, other than a contract, and not founded on a written instrument (section 27-2-202(3), MCA) which is…”
Show all 47 citing cases →
— Mont. Code Ann. § 27-2-207(1) — 5 cases
Majers v. Shining Mountains, 711 P.2d 1375 (Mont. 1986). “Section 27-2-207(1), MCA, prescribes a two year limit on actions for “injury to or waste or trespass on real or personal property.”
Ppl Montana, LLC v. State, 2010 MT 64 (Mont. 2010).
Rierson v. State, 622 P.2d 195 (Mont. 1981). “Section 27-2-207, MCA. In his reply Rierson asserts that the applicable limitation is that for written contracts (section 27-7-202(1), MCA) which is eight years, or obligations, other than a contract, and not founded on a written instrument (section 27-2-202(3), MCA) which is…”
Ass'n of Unit Owners of the Deer Lodge Condo. v. Big Sky of Montana, Inc., 798 P.2d 1018 (Mont. 1990).
Semenza v. Bowman, 885 P.2d 451 (Mont. 1994).
— Mont. Code Ann. § 27-2-207(2) — 6 cases
Action Enter., Inc. Ex Rel. Lindeman v. McCalla, 855 P.2d 111 (Mont. 1993).
Shupak v. New York Life Ins., 780 F. Supp. 1328 (D. Mont. 1991).
Johnson Farms, Inc. v. Halland, 2012 MT 215 (Mont. 2012).
Blanton v. Dept. of Pub. Health Servs., 2011 MT 110 (Mont. 2011).
Blanton v. Dep't of Pub. Health & Human Servs., 2011 MT 110 (Mont. 2011).
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