Idaho Code

Idaho Code § 5-210 (2026)

Oral claim — Possession defined — Payment of taxes.

✓ current as of May 2026

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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.

Notes of Decisions

Cited in 55 cases (1 in the last 5 years), 1941–2024 · leading case: Kennedy v. Schneider, 259 P.3d 586 (Idaho 2011).

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Kennedy v. Schneider, 259 P.3d 586 (Idaho 2011). · cites it 14× “, whether his assessment was based on estimated acreage derived from physical inspection, value based on frontage feet, area calculated from a metes and bounds description, or some other method of valuation.”

White v. Boydstun, 428 P.2d 747 (Idaho 1967). · cites it 32× “A claimant who seeks to establish ownership by adverse possession without an instrument of title must show that during a minimum period of five years he has occupied the claimed land under an asserted right, manifesting this claim and occupation by causing the land to be…”

Loomis v. Union Pac. R.R. Co., 544 P.2d 299 (Idaho 1975). · cites it 24× “In their first assignment of error, appellants contend that the trial court erred in concluding that the requirements set forth in I.C. § 5-210 [2] for the acquisition of title by adverse possession were not satisfied in this case, because they did not pay the taxes on the land…”

Roark v. Bentley, 86 P.3d 507 (Idaho 2004). · cites it 12× “Idaho Code § 5-210 defines the elements of adverse possession under an oral claim of right and provides as follows: For the purpose of constituting an adverse possession, by a person claiming title not founded upon written instrument, judgment or decree, land is deemed to have…”

Owen v. Boydstun, 624 P.2d 413 (Idaho 1981). · cites it 8× “In resolving this dispute, the court, after a survey of Idaho case law, concluded that I.C. § 5-210 was written in the disjunctive, and it would be “sufficient to show either a substantial inclosure, improvement or cultivation.”

Utter v. Gibbins, 48 P.3d 1250 (Idaho 2002). · cites it 10× “The statute provides: 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…”

Luce v. Marble, 127 P.3d 167 (Idaho 2005). · cites it 6× “Oral claims for adverse possession are governed by Idaho Code § 5-210 . This section requires that the land being claimed have been enclosed or that the land being claimed be cultivated or improved, that the possession be for a period of five years and that the adverse possessor…”

Lindgren v. Martin, 949 P.2d 1061 (Idaho 1997). · cites it 10× “Idaho Code § 5-210 defines the elements of adverse possession under an oral claim of right.”

Baxter v. Craney, 16 P.3d 263 (Idaho 2000). · cites it 4× “The statute provides as follows: 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.”

Donald Schoorl v. Guild Mortg. Co, 389 P.3d 173 (Idaho 2017). · cites it 26× “This is an appeal out of Canyon County from a judgment dismissing an action for adverse possession on the ground that the statutory amendment to Idaho Code section 5-210, which increased the required period for adverse possession from five to twenty years, applied to the…”

Pincock v. Pocatello Gold & Copper Mining Co., 597 P.2d 211 (Idaho 1979). · cites it 6× “§ 5-207 or upon an oral claim under I.C. § 5-210. The defendants-appellants, Pocatello Gold and Copper Mining Co.”

Hyde v. Lawson, 499 P.2d 1242 (Idaho 1972). · cites it 12× “I.C. § 5-210 requires that in order to obtain title by adverse possession the property must have been protected by a substantial inclosure and have been usually cultivated or improved in addition to the adverse occupation for a continuous five year period.”

Show all 55 citing cases →

— Idaho Code § 5-210(1) — 5 cases

Lindgren v. Martin, 949 P.2d 1061 (Idaho 1997). “Idaho Code § 5-210 defines the elements of adverse possession under an oral claim of right.”

Utter v. Gibbins, 48 P.3d 1250 (Idaho 2002). “The statute provides: 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…”

Smylie v. Pearsall, 457 P.2d 427 (Idaho 1969).

Persyn v. Favreau, 804 P.2d 327 (Idaho Ct. App. 1990).

Pilcher v. Dattel, 764 P.2d 446 (Idaho Ct. App. 1988).

— Idaho Code § 5-210(2) — 2 cases

Kennedy v. Schneider, 259 P.3d 586 (Idaho 2011). “, whether his assessment was based on estimated acreage derived from physical inspection, value based on frontage feet, area calculated from a metes and bounds description, or some other method of valuation.”

Persyn v. Favreau, 804 P.2d 327 (Idaho Ct. App. 1990).

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