Idaho Code
Idaho Code

Idaho Code § 55-101 (2026)

Real property defined. 

✓ current as of May 2026
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Real property defined. 

Real property or real estate consists of:

1.  Lands, possessory rights to land, ditch and water rights, and mining claims, both lode and placer.
2.  That which is affixed to land.
3.  That which is appurtenant to land.
Notes of Decisions
Cited in 30 cases (4 in the last 5 years), 1934–2024 · leading case: Spencer v. Jameson, 211 P.3d 106 (Idaho 2009).
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Spencer v. Jameson, 211 P.3d 106 (Idaho 2009). · cites it 12× “See I.C. § 55-101. Accordingly, a mobile home may be considered either real property or personal property under Idaho law.”
Clear Springs Foods, Inc. v. Spackman, 252 P.3d 71 (Idaho 2011). · cites it 4× “2d 188, 191 (1983); Idaho Code § 55-101 . “When one has legally acquired a water right, he has a property right therein that cannot be taken from him for public or private use except by due process of law and upon just compensation being paid therefor.”
Chavez v. Barrus, 192 P.3d 1036 (Idaho 2008). · cites it 2× “Under I.C. § 55-101, real property consists of: lands, possessory rights tp land, ditch and water rights, mining claims, and that which is affixed or appurtenant to land.”
Sun Valley Hot Springs Ranch, Inc. v. Kelsey, 962 P.2d 1041 (Idaho 1998). · cites it 4× “SVHS points to I.C. § 55-101 which defines real property to include “[t]hat which is appurtenant to land,” I.”
Rayl v. Shull Enter., Inc., 700 P.2d 567 (Idaho 1985). · cites it 4× “I.C. § 55-101; I.C. § 28-9-313. Duff, supra, [98 Idaho] at 381-82, 565 P.”
Idaho First Bank v. Bridges, 426 P.3d 1278 (Idaho 2018). · cites it 2× “I.C. § 55-101. IFB's right to take the Bridges' cottage as collateral arises from the deed of trust.”
Nettleton v. Higginson, 558 P.2d 1048 (Idaho 1977). · cites it 4× “I do not believe that it does the jurisprudence of this state any service to impugn constitutional use water rights when the record before this Court, by stipulation, establishes conclusively *1060 the existence of such water right in the appellant.”
Crow v. Carlson, 690 P.2d 916 (Idaho 1984). · cites it 4× “488 (1911); I.C. § 55-101. In the instant case the trial court noted that under the law of prior appropriation, and pursuant to the 1910 Rexburg decree, “[t]he appropriator, named in this decree became entitled, as of a date fixed therein, to use water in the amount named from…”
Fulton v. Duro, 687 P.2d 1367 (Idaho Ct. App. 1984). · cites it 4× “While we acknowledge that the California statute has been interpreted as Samuelson suggests, we conclude that the reasoning underlying that interpretation is not persuasive. Those decisions interpreted statutes which defined real property as lands, tenements and hereditaments.”
Stanger v. Walker Land & Cattle, 498 P.3d 1195 (Idaho 2021). · cites it 2× “’ ”) (citing I.C. § 55-101); Leasehold Improvements, BLACK’S LAW DICTIONARY (11th ed.”
State v. Finch, 315 P.2d 529 (Idaho 1957). · cites it 4× “I.C. § 55-101 provides: "Real property or real estate consists of: "1.”
Patricia McKay v. Thomas G. Walker, 369 P.3d 926 (Idaho 2016). · cites it 8× “” I.C. § 55-101. A mortgage is not land. A mortgage does not create a possessory right to land.”
Show all 30 citing cases →
— Idaho Code § 55-101(3) — 1 case
Sun Valley Hot Springs Ranch, Inc. v. Kelsey, 962 P.2d 1041 (Idaho 1998). “SVHS points to I.C. § 55-101 which defines real property to include “[t]hat which is appurtenant to land,” I.”
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