Escrow & Title

In Montana, 'title by adverse possession' differs from title obtained by deed in that the adverse possessor:

AReceives a deed from the original owner
BAcquires title by operation of law (court judgment) without a voluntary conveyance from the record owner✓ Correct
CMust pay fair market value to the record owner
DReceives only a license, not fee simple title

Explanation

Adverse possession title is acquired by operation of law through satisfaction of the statutory requirements. The adverse possessor typically must bring a quiet title action to have a court confirm and clear their title, without any voluntary conveyance from the record owner.

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