Idaho Code

Idaho Code § 55-313 (2026)

Rent on lease for life — Recovery after death. 

✓ current as of May 2026
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Rent on lease for life — Recovery after death. 

Rent dependent on the life of a person may be recovered after as well as before his death.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 2006–2024 · leading case: Statewide Constr., Inc. v. Pietri, 247 P.3d 650 (Idaho 2011).
Statewide Constr., Inc. v. Pietri, 247 P.3d 650 (Idaho 2011). · cites it 102× “The dominant estate holders — Sequoia Pietri, Luke Crawford, Jim Crawford, Maggie Crawford, Charlene King and Larry Monkarsh (collectively “Appellants”) — appeal, arguing that: (1) Idaho Code § 55-313 does not grant a servient estate holder the right to unilaterally relocate an…”
Millard v. Talburt, 544 P.3d 748 (Idaho 2024). · cites it 22× “I.C. § 55-313 (emphasis added). The district court concluded that section 55-313 prohibited the Talburts from unilaterally relocating the Roadway Easement to the injury of the Millards.”
Caldwell v. COMETTO, 253 P.3d 708 (Idaho 2011). · cites it 11× “Shortly thereafter, two of the Appellants’ predecessors in interest filed separate suits against the Comettos, alleging that the new road illegally injured their easement rights under I.C. § 55-313. To settle that litigation, in 2000 the Appellants and/or their predecessors in…”
Belstler v. Sheler, 264 P.3d 926 (Idaho 2011). · cites it 14× “According to the district court, the parties agreed that the district court should adjudicate whether the Belstlers may move the easement pursuant to I.C. § 55-313 to a location further north on their property.”
Benninger v. Derifield, 129 P.3d 1235 (Idaho 2006). · cites it 2× “Derifield denied all of the Benningers’ claims and counterclaimed for: (1) a decree quieting title to his real property free and clear from any of the Benningers’ claims; or (2) relocation of the easement, pursuant to I.C. § 55-313, if an easement should be found.”
Manning v. Campbell, 268 P.3d 1184 (Idaho 2012). · cites it 20× “” I.C. § 55-313. Changing the easement as proposed would clearly obstruct motor vehicle travel.”
Regan v. Owen (Idaho 2017). · cites it 4× “The Regans rely on Idaho Code section 55-313 for this argument, asserting that the Owens’ request to combine their tax assessments amounted to relocating “access” by way of the easement.”
Beverly E. Torrence v. Monty McCay (Idaho Ct. App. 2011). · cites it 2× “At 3 In their brief on appeal, the respondents argue that the district court’s decision was ambiguous because it did not address the McCays’ right to relocate the main roadway pursuant to I.C. § 55-313. In addition, the respondents assert that they were entitled to attorney fees…”
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