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Idaho Statewide Rule

Idaho Squatters' Rights and Adverse Possession

Few RestrictionsApplies statewide across Idaho (2026)

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
Last verified: September 5, 2026

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?
Twenty years. Idaho Code 5-210 requires 20 years of continuous, open possession plus payment of all taxes; color-of-title claims under Idaho Code 5-207 also require 20 years.
Is Idaho's adverse-possession period still five years?
No. A 2006 amendment replaced the former five-year period with a uniform 20 years and added the requirement that the claimant pay all property taxes during that time.

Sources

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