Idaho Code
Idaho Code § 5-206 (2026)
Constructive possession.
✓ current as of May 2026
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Constructive possession.
In every action for the recovery of real property, or the possession thereof, a person establishing a legal title to the property is presumed to have been possessed thereof within the time required by law, and the occupation of the property by another person is deemed to have been under and in subordination to the legal title, unless it appears that the property has been held and possessed adversely to such legal title, for twenty (20) years before the commencement of the action.
Notes of Decisions
Cited in 13
cases (4 in the last 5 years), 1953–2024 · leading case: Capps v. Wood, 790 P.2d 395 (Idaho Ct. App. 1990).
Capps v. Wood, 790 P.2d 395 (Idaho Ct. App. 1990). “It ruled that I.C. § 9-203A did not apply to testimony by the bookkeeper as to an entry made in the ordinary course of business, reflecting the purported rental payment by Burton to Capps.”
White v. Boydstun, 428 P.2d 747 (Idaho 1967). “See I.C. § 5-206; cf. I.C. *757 §§ 5-209 and 5-210; Calkins v.”
Alan G. Ross v. Tommy A. Dorsey, 303 P.3d 195 (Idaho 2013). “o-owners or co-tenants of the same parcel”; 2) Respondents failed to meet the statute of limitations “requirements of Idaho Code § 5-203 or § 5-205 because they were never seized or possessed of the real estate within 5 or 20 years as required by law, nor did they bring this…”
Salvis v. Lawyer, 253 P.2d 589 (Idaho 1953). “This contention of appellants is answered by the provisions of Section 5-206, I.C., which section reads as follows: “In every action for the recovery of real property, or the possession thereof, a person establishing a legal title to the property is presumed to have been…”
Beneficial Life Ins. Co. v. Wakamatsu, 270 P.2d 830 (Idaho 1954). “However, seizin generally follows the legal title and plaintiffs, having made a prima facie showing of legal title, are'presumed to have been seized and possessed of the property within the five-year period, and the occupation thereof by the defendants is presumed to have been…”
Smith v. Long, 281 P.2d 483 (Idaho 1955). “This rule is expressed in § 5-206 I.C., .and was applied by this court in Salvis v.”
Dickerson v. Brewster, 399 P.2d 407 (Idaho 1965). “§ 5-206; Salvis v. Lawyer, 73 Idaho 469 , 253 P.”
Osterloh v. State, 665 P.2d 1060 (Idaho 1983). “*52 Osterlohs contend that they are deemed to have possession by virtue of their legal title, pursuant to I.C. § 5-206. 2 The legal title established by Osterlohs at trial, however, applies to an island, the location of which, in terms of the present geography of the area, has…”
Broadhead v. Hawley, 712 P.2d 653 (Idaho Ct. App. 1985). “I.C. § 5-206, in the following language, gives a presumption that ownership of property lies in the person establishing legal, or written, title to it: “In every action for the recovery of real property, or the possession thereof, a person establishing a legal title to the…”
Easterling v. Hal Pac. Props., L.P. (Idaho 2021). “§ 5-204), constructive possession (I.C. § 5-206), possession under written and oral claims of title 2 Idaho Code section 5-246 addresses a dam owner’s claim for a “prescriptive overflow easement.”
Easterling v. Hal Pac. Props., L.P. (Idaho 2023). “§ 5-204), constructive possession (I.C. § 5-206), possession under written and oral claims of title 2 Idaho Code section 5-246 addresses a dam owner’s claim for a “prescriptive overflow easement.”
Murray v. Dalton (Idaho 2024). “18, § 5-206; Ind. Code § 29-3 - 8-8; and Ohio Rev.”
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