2005 Idaho Code - 5-210 — ORAL CLAIM -- POSSESSION DEFINED -- PAYMENT OF TAXES

                                   TITLE  5
                       PROCEEDINGS IN CIVIL ACTIONS IN
                               COURTS OF RECORD
                                  CHAPTER 2
                            LIMITATION OF ACTIONS
    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. Provided further, that
adverse possession shall not be considered established under the provisions of
any sections of this code if a written instrument has been recorded in the
real estate records kept by the county recorder of the county in which the
property is located and such written instrument declares that it was not the
intent of a party to such instrument, by permitting possession or occupation
of real property, to thereby define property boundaries or ownership. Provided
further, that for purposes of establishing adverse possession pursuant to this
section, a person claiming adverse possession must present clear and
convincing evidence that the requirements of subsection (1) or (2) of this
section have been met.