Adverse Possession Law Idaho
Squatters’ rights in Idaho are determined by traditional laws that deal with how people can take over land through a process called adverse possession.
In Idaho, if squatters want to claim land by talking about it without any written documents, they must have been paying the property taxes for that land for at least 20 years.
But there are other rules in Idaho that also need to be followed for someone to make a successful adverse possession claim and potentially take the property away from the owner.
Now, let’s take a closer look at the specific requirements that must be met for someone to make a claim like this.
Understanding Squatters’ Rights in Idaho
In the state of Idaho, squatters possess certain legal rights that differentiate them from mere trespassers. While the line between a trespasser and a squatter may seem thin, it has significant legal implications. In many respects, squatters’ rights resemble those of tenants. Since squatters essentially occupy a property without authorization, they enjoy many of the same legal protections.
Idaho’s squatters’ rights dictate that squatters cannot be summarily ejected from what they consider their home without proper legal notice. Provided you understand the legal procedures and take action before they gain legal ownership of the property, you can evict a squatter by following the correct legal steps.
To learn more about Squatters laws across the US, please follow the link.
Adverse Possession Laws
One of the fundamental aspects of squatters’ rights in Idaho revolves around adverse possession laws. Under certain circumstances and after a specific period, squatters can file a claim for adverse possession, potentially allowing them to gain legal ownership of the property.
For squatters to establish legal ownership of the property they are occupying, they must fulfill specific conditions. The initial requirement is that the squatter must continuously occupy the property for at least 20 years before they can submit an adverse possession claim to the court.
Once the 20-year mark has been reached and the statutory period has elapsed, squatters can initiate the process of filing a possession claim. They must then meet additional requirements as stipulated by the law.
Requirements for Adverse Possession in Idaho
In the United States federal law, there are five primary requirements for adverse possession:
- Hostile Possession: In adverse possession cases, the possessor must not have received explicit permission to reside on the property. This requirement encompasses three scenarios:
- Simple occupation: The squatter occupies the property without knowledge of the owner’s identity.
- Awareness of trespassing: The squatter is aware of the property’s ownership but is not expressly unwelcome (the property was unoccupied).
- Good faith mistake: A property owner incorrectly believes that adjacent property belongs to them and treats it as their own.
Active Possession: Squatters must actively live on the property and use it in a manner consistent with a typical owner. This includes making renovations and performing maintenance and repairs as necessary.
Open and Notorious Possession: Squatters should not conceal their presence on the property. It should be evident to anyone, including the original owner, that someone is squatting on the property, should they decide to check.
Exclusive Possession: A successful adverse possession claim can only be made by a single squatter on the property. This means that squatting with a group of people or attempting to fulfill the possession requirements collectively is not permissible.
Continuous Possession: Squatters seeking to make a claim must have continuously used the property for the period stipulated by the state legislature pertaining to the property. In Idaho, this entails residing on the property for 20 years without any significant absences.
It’s important to note that squatters cannot claim adverse possession on property owned by the federal or state government. However, in the state of Idaho, there are some noteworthy variations and additions to these requirements:
- Residency on the property for 20 years: Idaho has one of the lengthiest residency requirements in the country, a significant increase from the previous five-year requirement.
- Payment of property taxes for 20 years: Squatters must fulfill this financial obligation.
- Establishment of a “substantial enclosure” or land cultivation/improvement.
Does Idaho Recognize Color of Title Claims?
Color of title refers to a claim to property ownership acquired through unconventional means. Essentially, it signifies that someone has obtained ownership with a defective or otherwise invalid title, rather than a current and legally sound one.
In the state of Idaho, color of title claims are acknowledged as a legitimate basis for property ownership. If a squatter fulfills the requirements for adverse possession, they have the opportunity to make a color of title claim for the property’s ownership.
After residing on the property for 20 years, a squatter might be eligible to acquire ownership if they can provide evidence of the five types of possession mentioned earlier, along with records demonstrating payment of property taxes.
How to Get Rid of Squatters?
- Contact the police: Inform law enforcement about the squatter to initiate legal action.
- Serve an eviction notice: File the necessary paperwork, serving the squatter with two options – paying rent or leaving the property.
- Hope for compliance: Ideally, the squatter will choose one of the eviction notice options.
- File an unlawful detainer lawsuit: If the squatter doesn’t comply, prepare for a legal process where you prove your property ownership in court.
- Gather legal documents: Collect evidence to establish your rightful ownership.
- Obtain a Writ of Restitution: If the court rules in your favor, acquire this document.
- Involve law enforcement: Present the Writ of Restitution to local authorities to legally remove the squatter.
- Beware of adverse possession: If the squatter attempts to claim legal ownership through adverse possession, the process can become lengthy and may take years to resolve.
Frequently Asked Questions
Can you sell a house with a Squatter in Idaho?
You can’t sell the property with a squatter in it, and resolving this situation can take a long time, possibly involving a court process. If the squatter claims they have a lease, it can make the situation even more time-consuming.
Do Squatters have to pay property taxes?
Yes, to be eligible for adverse possession in Idaho, squatters must consistently reside on the property and pay all property taxes for a continuous period of 20 years.
