Idaho Code
Idaho Code

Idaho Code § 5-213 (2026)

Persons under disabilities — Recovery of real property. 

✓ current as of May 2026
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Persons under disabilities — Recovery of real property. 

If a person entitled to commence an action for the recovery of real property, or for the recovery of the possession thereof, or to make any entry or defense founded on the title to real property, or to rents or services out of the same, be at the time such title first descends or accrues, either:

1.  Within the age of majority; or,
2.  Insane; or,
3.  Imprisoned on a criminal charge, or in execution, upon conviction of a criminal offense, for a term less than for life; or,
4.  A married woman, and her husband be a necessary party with her in commencing such action or making such entry or defense.
The term during which such disability continues is not deemed any portion of the time in this title limited for the commencement of such action or the making of such entry or defense, but such action may be commenced, or entry or defense made, within the period of twenty (20) years after such disability shall cease, or after the death of the person entitled who shall die under such disability; but such action shall not be commenced or entry or defense made after that period.
Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 1967–2025 · leading case: Doe v. Durtschi, 716 P.2d 1238 (Idaho 1986).
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Doe v. Durtschi, 716 P.2d 1238 (Idaho 1986). · cites it 4× “ability is not a part of the time limited for the commencement of the action, provided however, that the time limited for the commencement of an action shall not be tolled for a period of more than six (6) years on account of minority, incompetency, a defendant's absence from…”
Gailey v. Jerome Cnty., 745 P.2d 1051 (Idaho 1987). · cites it 4× “ability is not a part of the time limited for the commencement of the action, provided however, that the time limited for the commencement of an action shall not be tolled for a period of more than six (6) years on account of minority, incompetency, a defendant's absence from…”
Bergman v. Henry, 766 P.2d 729 (Idaho 1988). · cites it 4× “Therefore, I would apply the ruling retroactively. BISTLINE, Justice, concurring in the special concurring opinion of Justice JOHNSON.”
State, Dep't of Health & Welfare Ex Rel. Gage v. Engelbert, 753 P.2d 825 (Idaho 1988). · cites it 2× “sability is not a part of the time limited for the commencement of an action provided, however, that the time limited for the commencement of an action shall not be tolled for a period of more than six (6) years on account of minority, incompetency, a defendant’s absence from…”
Gowin v. Altmiller, 455 F. Supp. 743 (D. Idaho 1978). “erm less than for life; the time of such disability is not a part of the time limited for the commencement of the action, provided, however, that the time limited for the commencement of an action shall not be tolled for a period of more than six years on account of minority,…”
S. Idaho Prod. Credit Ass'n v. Ruiz ex rel. Ruiz, 666 P.2d 1151 (Idaho 1983). · cites it 8× “He bases his argument on I.C. § 5-213, 6 which provides for a tolling of a statute of limitations during the incompetency of a plaintiff.”
Jones v. State, 432 P.2d 420 (Idaho 1967). · cites it 2× “Causes of action for wrongs against the trust property, however, vest in the trustee and not in the beneficiaries.”
S. Idaho Prod.. Credit Ass'n v. Ruiz, 666 P.2d 1151 (Idaho 1983). · cites it 8× “He bases his argument on I.C. § 5-213, [6] which provides for a tolling of a statute of limitations during the incompetency of a plaintiff.”
Easterling v. Hal Pac. Props., L.P. (Idaho 2021). · cites it 2× “§ 5-211), and the recovery of property by persons under a disability (I.C. § 5-213). Id. The previous five-year waiting period for asserting such claims had been in effect since 1887, three years prior to Idaho’s statehood.”
Easterling v. Hal Pac. Props., L.P. (Idaho 2023). · cites it 2× “§ 5-211), and the recovery of property by persons under a disability (I.C. § 5-213). Id. The previous five-year waiting period for asserting such claims had been in effect since 1887, three years prior to Idaho’s statehood.”
Miskin v. Morrell (Idaho Ct. App. 2025). · cites it 2× “ability is not a part of the time limited for the commencement of the action, provided however, that the time limited for the commencement of an action shall not be tolled for a period of more than six (6) years on account of minority, incompetency, a defendant’s absence from…”
Darrel McCabe v. Olivia Craven (Idaho Ct. App. 2007). · cites it 2× “I.C. § 5-213 (allowing tolling for prisoners in real property actions).”
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