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Montana · TitleMontana quiet title: suing known and unknown claimants to clear a cloud

Montana's quiet title statute is broad. An action may be brought and prosecuted to final decree, judgment or order by any person claiming title to real estate – whether in actual possession or not – against any persons, known and unknown, who claim or may claim any right, title, estate or interest in the property, or any lien or encumbrance on it, adverse to the plaintiff's ownership, or any cloud on the plaintiff's title, whether the claim is present or contingent and including any claim of dower, for the purpose of determining the claim and quieting title (MCA 70-28-101). The general civil procedure provisions of Title 25, chapter 3, parts 2 and 3, and Rules 4 and 12(a) of the Montana Rules of Civil Procedure apply where they don't conflict (MCA 70-28-102). Naming unknown claimants lets one suit reach heirs and others who can't be identified from the record.

What the statutes set

  1. Who (MCA 70-28-101)

    Anyone claiming title, in possession or not.

  2. Against whom (MCA 70-28-101)

    Known and unknown persons with any adverse claim, lien, encumbrance or cloud.

  3. Claims covered (MCA 70-28-101)

    Present or contingent, including dower.

  4. Procedure (MCA 70-28-102)

    Title 25, ch. 3, parts 2–3, and Rules 4 and 12(a) apply.

What the TC does when Montana title shows a cloud

  • Ask the title company exactly what it needs to insure over or remove the item.
  • Try a release, quitclaim or satisfaction from the claimant first – it is faster than a lawsuit.
  • If a quiet title action is needed, track it and its hearing dates as tasks and keep the closing date flexible.

Questions about Montana quiet title

Does a Montana owner need to be in possession to quiet title?

No. Anyone claiming title to real estate may bring the action, whether in actual possession or not (MCA 70-28-101).

Can unknown claimants be included in a Montana quiet title action?

Yes. The action may be brought against persons both known and unknown (MCA 70-28-101).

Related guides

Track a title cure and any court dates as tasks on the deal in ClosingCode.

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Sources: MCA 70-28-101, 70-28-102 (leg.mt.gov, MCA 2025), read October 30, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.