Idaho Statewide Rule
Idaho Squatters' Rights and Adverse Possession
Key Facts
- Time required
- 20 years continuous possession
- Tax payment
- All taxes paid throughout (Idaho Code 5-210)
- Color of title
- Also 20 years under Idaho Code 5-207
- 2006 change
- Period raised from 5 to 20 years
Summary
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.
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.
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
How long must a squatter occupy property to claim it in Idaho?
Is Idaho's adverse-possession period still five years?
Sources
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