6-416. OCCUPANT OF REAL ESTATE — DETERMINATION OF RIGHT TO POSSESSION — TENANTS IN COMMON — PARTITION PROCEDURE. The owner in the main action may thereupon pay the value of the improvements determined on trial and take the property, but should he fail to do so after a reasonable time not to exceed one (1) year, to be fixed by the court, the claimant may take the property upon paying its value determined on trial, less any amount paid by claimant or his predecessor on a judicial or tax sale, exclusive of the improvements. If this is not done within said time, to be fixed by the court, the parties will be held to be tenants in common of all the real estate, including the improvements, each holding an interest proportionate to the values ascertained on the trial; provided, further, that thereafter, upon the motion of either party, proceedings may be had for partition thereof in accordance with chapter 5, title 6, Idaho Code.
History:
[6-416, added 1972, ch. 118, sec. 3, p. 234; am. 2020, ch. 82, sec. 2, p. 175.]
Structure Idaho Code
Title 6 - ACTIONS IN PARTICULAR CASES
Chapter 4 - QUIETING TITLE — OTHER PROVISIONS RELATING TO ACTIONS CONCERNING REAL ESTATE
Section 6-401 - ACTIONS TO QUIET TITLE.
Section 6-402 - DISCLAIMER OR DEFAULT — COSTS.
Section 6-403 - TERMINATION OF PLAINTIFF’S RIGHT.
Section 6-404 - VALUE OF IMPROVEMENTS AS SET-OFF.
Section 6-405 - ORDER FOR SURVEY AND EXAMINATION.
Section 6-406 - FORM AND SERVICE OF ORDER — RIGHTS UNDER.
Section 6-407 - INJURY PENDING FORECLOSURE OR CONVEYANCE AFTER EXECUTION SALE — INJUNCTION.
Section 6-408 - INJURY PENDING CONVEYANCE AFTER SALE — DAMAGES.
Section 6-409 - ALIENATION PENDING SUIT.
Section 6-410 - MINING CUSTOMS ADMISSIBLE IN EVIDENCE.
Section 6-411 - QUIET TITLE ACTION — MAINTENANCE AGAINST MORTGAGE BARRED BY STATUTE OF LIMITATIONS.
Section 6-412 - QUIET TITLE ACTION — MAINTENANCE AGAINST JUDGMENT BARRED BY STATUTE OF LIMITATIONS.
Section 6-413 - QUIET TITLE ACTION — DECREE.
Section 6-414 - OCCUPANT OF REAL ESTATE — STAY OF EXECUTION FOR POSSESSION — WHEN AUTHORIZED.
Section 6-415 - OCCUPANT OF REAL ESTATE — OWNER’S COMPLAINT FOR POSSESSION — CONTENTS — TRIAL.
Section 6-417 - COLOR OF TITLE — DEFINITION.
Section 6-418 - OCCUPANT OF REAL ESTATE — OWNER’S RIGHT TO POSSESSION — LIMITATIONS.