5-210. ORAL CLAIM — POSSESSION DEFINED — PAYMENT OF TAXES. For the purpose of constituting an adverse possession, by a person claiming title not founded upon a written instrument, judgment or decree, land is deemed to have been possessed and occupied in the following cases only:
(1) Where it has been protected by a substantial enclosure.
(2) Where it has been usually cultivated or improved.
Provided, however, that in no case shall adverse possession be considered established under the provisions of any sections of this code unless it shall be shown that the land has been occupied and claimed for the period of twenty (20) years continuously, and the party or persons, their predecessors and grantors, have paid all the taxes, state, county or municipal, which have been levied and assessed upon such land according to law. Provided further, that adverse possession shall not be considered established under the provisions of any sections of this code if a written instrument has been recorded in the real estate records kept by the county recorder of the county in which the property is located and such written instrument declares that it was not the intent of a party to such instrument, by permitting possession or occupation of real property, to thereby define property boundaries or ownership. Provided further, that for purposes of establishing adverse possession pursuant to this section, a person claiming adverse possession must present clear and convincing evidence that the requirements of subsection (1) or (2) of this section have been met.
History:
[(5-210) C.C.P. 1881, sec. 150; R.S., R.C., & C.L., sec. 4043; C.S., sec. 6603; I.C.A., sec. 5-210; am. 2001, ch. 290, sec. 2, p. 1028; am. 2006, ch. 158, sec. 5, p. 475.]
Structure Idaho Code
Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD
Chapter 2 - LIMITATION OF ACTIONS
Section 5-201 - LIMITATIONS IN GENERAL.
Section 5-202 - ACTIONS BY STATE.
Section 5-203 - ACTION TO RECOVER REALTY.
Section 5-204 - ACTION ARISING OUT OF CLAIM TO TITLE OR RENTS OR PROFITS.
Section 5-205 - EFFECT OF ENTRY.
Section 5-206 - CONSTRUCTIVE POSSESSION.
Section 5-207 - POSSESSION UNDER WRITTEN CLAIM OF TITLE.
Section 5-208 - CLAIM UNDER WRITTEN INSTRUMENT — POSSESSION DEFINED.
Section 5-209 - POSSESSION UNDER ORAL CLAIM OF TITLE.
Section 5-210 - ORAL CLAIM — POSSESSION DEFINED — PAYMENT OF TAXES.
Section 5-211 - POSSESSION OF TENANT — PRESUMPTIONS.
Section 5-212 - DESCENT CAST DOES NOT AFFECT RIGHT.
Section 5-213 - PERSONS UNDER DISABILITIES — RECOVERY OF REAL PROPERTY.
Section 5-214 - ACTIONS OTHER THAN FOR RECOVERY OF REAL PROPERTY.
Section 5-214A - ACTION TO FORECLOSE MORTGAGE ON REAL PROPERTY.
Section 5-215 - ACTION ON JUDGMENT OR FOR MESNE PROFITS OF REAL PROPERTY.
Section 5-216 - ACTION ON WRITTEN CONTRACT.
Section 5-217 - ACTION ON ORAL CONTRACT.
Section 5-218 - STATUTORY LIABILITIES, TRESPASS, TROVER, REPLEVIN, AND FRAUD.
Section 5-220 - ACTIONS FOR WRONGFUL SEIZURE BY OFFICERS.
Section 5-221 - ACTIONS ON CLAIMS AGAINST COUNTY.
Section 5-222 - ACTIONS ON OPEN ACCOUNTS — ACCRUAL OF CAUSE.
Section 5-223 - ACTIONS TO RECOVER DEPOSITS — COMMENCEMENT OF LIMITATION.
Section 5-224 - ACTIONS FOR OTHER RELIEF.
Section 5-225 - LIMITATIONS APPLY TO STATE.
Section 5-226 - ACTION TO REDEEM MORTGAGE.
Section 5-227 - PARTIAL REDEMPTION.
Section 5-228 - ACTION, WHEN COMMENCED.
Section 5-228A - TIME LIMITATION — CLOSURE OF THE OFFICE OF THE CLERK — EXTENSION OF TIME.
Section 5-229 - ABSENCE OF DEFENDANT FROM STATE.
Section 5-230 - PERSONS UNDER DISABILITIES — OTHER THAN FOR REAL PROPERTY.
Section 5-232 - ALIENS IN TIME OF WAR.
Section 5-233 - REVERSAL OF JUDGMENT — NEW ACTION.
Section 5-234 - ACTION STAYED BY INJUNCTION OR STATUTE.
Section 5-235 - WHEN DISABILITY MUST EXIST.
Section 5-236 - COEXISTING DISABILITIES.
Section 5-237 - ACTIONS AGAINST DIRECTORS AND STOCKHOLDERS.
Section 5-239 - ACTIONS BARRED IN ANOTHER STATE.
Section 5-240 - “ACTION” INCLUDES SPECIAL PROCEEDING.
Section 5-242 - IONIZING RADIATION INJURIES — PURPOSE OF ACT.
Section 5-243 - LIMITATION OF ACTION FOR IONIZING RADIATION INJURIES.
Section 5-244 - LATENT INJURY — EFFECT OF PRIOR RECOVERY.
Section 5-245 - ACTIONS TO COLLECT CHILD SUPPORT ARREARAGES.