Mont. Code Ann. » TITLE 70. PROPERTY · CHAPTER 28. QUIETING TITLE TO REAL PROPERTY · Part 1. Quieting Title Generally
Montana Code Annotated

Mont. Code Ann. § 70-28-101 (2026)

Quiet Title Action Authorized

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 70
  3. CHAPTER 28
  4. Part 1
  5. 70-28-101 Quiet title action authorized

TITLE 70. PROPERTY

CHAPTER 28. QUIETING TITLE TO REAL PROPERTY

Part 1. Quieting Title Generally

Quiet Title Action Authorized

70-28-101. Quiet title action authorized. An action may be brought and prosecuted to final decree, judgment, or order by any person or persons, whether in actual possession or not, claiming title to real estate against any person or persons, both known and unknown, who claim or may claim any right, title, estate, or interest therein or lien or encumbrance thereon adverse to plaintiff's ownership or any cloud upon plaintiff's title thereto, whether such claim or possible claim be present or contingent, including any claim or possible claim of dower, inchoate or accrued, for the purpose of determining such claim or possible claim and quieting the title to said real estate.

History: En. Sec. 233, p. 92, Bannack Stat.; re-en. Sec. 254, p. 188, L. 1867; re-en. Sec. 303, p. 94, Cod. Stat. 1871; re-en. Sec. 354, p. 138, L. 1877; re-en. Sec. 354, 1st Div. Rev. Stat. 1879; re-en. Sec. 366, 1st Div. Comp. Stat. 1887; amd. Sec. 1310, C. Civ. Proc. 1895; re-en. Sec. 6870, Rev. C. 1907; amd. Sec. 1, Ch. 113, L. 1915; re-en. Sec. 9479, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 738; amd. Sec. 1, Ch. 70, L. 1931; re-en. Sec. 9479, R.C.M. 1935; R.C.M. 1947, 93-6203(part).

Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1985–2025 · leading case: Sanders v. Yellowstone Cnty., 915 P.2d 196 (Mont. 1996).
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Sanders v. Yellowstone Cnty., 915 P.2d 196 (Mont. 1996). · cites it 10× “Issue 1 Did Sanders have standing to institute this quiet title action? Section 70-28-101, MCA, provides that a quiet title action may be brought by any person or persons, whether in actual possession or not, claiming title to real estate against any person or persons, both…”
Stanley v. Lemire, 2006 MT 304 (Mont. 2006). · cites it 2× “Therefore, Grantors’ [the Stanleys’] action should have been brought as one for quiet title pursuant to Mont. Code Ann. § 70-28-101 et. seq. The District Court, however, observed that the Stanleys had “pled that there was a rental agreement, that the agreement was breached and…”
Yorlum Props., Ltd. v. Lincoln Cnty., 2013 MT 298 (Mont. 2013). · cites it 2× “See §70-28-101, MCA. 5 As Yorlum points out, what it sought in this lawsuit is a determination of its property interests under Amended Plat No.”
Griffin v. Scott, 710 P.2d 1337 (Mont. 1985). · cites it 2× “In the second issue, appellants refer to plaintiffs’ action as a quiet title action under Section 70-28-101 et seq., MCA. They contend that Section 70-28-108, MCA, requiring plaintiffs “produce evidence sufficient to prima facie entitle [them] to relief” before they are entitled…”
Getter v. Beckman, 769 P.2d 714 (Mont. 1989). “Sections 70-28-101 through -113, MCA, address actions to quiet title to real estate generally and §§ 15-18-411 through -413, MCA, specifically address actions to quiet title to a tax deed.”
O'Brien v. Krantz, 423 P.3d 572 (Mont. 2018). · cites it 6× “" Section 15-18-411, MCA, addresses quiet title actions "brought to set aside or annul any tax deed or to determine the rights of a purchaser to real property claimed to have been acquired through tax proceedings or a ***268 tax lien sale.”
Ocwen Loan v. Rehm, 2017 MT 96N (Mont. 2017). · cites it 3× “Section 70-28-101, MCA; Getter v. Beckman, 236 Mont.”
Est. of Chemodurow v. Comm'r, 2001 T.C. Memo. 14 (Tax Ct. 2001). “28 (1999) (Quieting Title to Real Property). In pertinent part, Mont.”
Turville v. Cornerstone Mortg. Co. (In Re Turville), 363 B.R. 167 (Bankr. D. Mont. 2007). · cites it 2× “(“MCA”) § 70-28-101 and long standing case law in Montana, a person in possession and a person claiming an equitable interest are entitled to pursue a quiet title action.”
Travis v. Moore (D. Mont. 2024). “§ 70-28-101 for the purpose of determining a person's rights in claiming title 19 20 to real property as against others' claims to that property.”
The Petram Grp., LLC v. Purified Resource Partners (N.D. Iowa 2025). “Montana authorizes quiet title actions (see Mont. Code Ann. § 70-28-101 (2023)) and mandates that all actions “be brought in the county in which the real estate or a portion thereof, as to which the title is sought to be quieted, is situated.”
Bragg v. Mclaughlin (Mont. 1997). · cites it 2× “Section 70-28-101, MCA, provides: Quiet title action authorized.”
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