Idaho requires 20 years of continuous, open, hostile possession to claim title by adverse possession, plus payment of all taxes throughout. This applies to oral claims (Idaho Code 5-210) and claims under a written instrument or color of title (Idaho Code 5-207). A 2006 amendment replaced the former five-year period with a uniform 20 years.
Idaho Code 5-210 provides that adverse possession on an oral claim is established only where land 'has been occupied and claimed for the period of twenty (20) years continuously' and the claimant and predecessors 'have paid all the taxes, state, county or municipal, which have been levied and assessed upon such land according to law.' Possession must be by substantial enclosure or usual cultivation/improvement. For claims founded on a written instrument, judgment, or decree (color of title), Idaho Code 5-207 likewise requires 'twenty (20) years' of continued occupation. A 2006 amendment raised the period from five years to 20 and added the tax-payment requirement, so the older 'five-year' figure no longer applies.
No specific statutory penalty. A squatter who has not met the full 20-year, tax-paid requirement has no ownership claim and is subject to removal; owners typically eject occupants via unlawful detainer (Idaho Code 6-303) or a quiet-title action rather than under a criminal penalty.
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See how Post Falls's squatter's rights & adverse possession rules stack up against other locations.
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