Idaho Code

Idaho Code § 55-603 (2026)

Easements pass with property — easements in gross of a commercial character.

✓ current as of May 2026

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Easements pass with property — easements in gross of a commercial character.

(1) A transfer of real property passes all easements attached thereto, and creates in favor thereof an easement to use other real property of the person whose estate is transferred, in the same manner and to the same extent as such property was obviously and permanently used by the person whose estate is transferred, for the benefit thereof, at the time when the transfer was agreed upon or completed.

(2) Easements in gross of a commercial character, whether existing or created in the future, may be transferred, assigned, or conveyed in accordance with the express language of the instrument. As used in this section, "easement in gross of a commercial character" means an easement that is a personal interest in or right to use the land of another:

(a) For the transmission or distribution of water, sewer, natural gas, or petroleum products;

(b) For the provision of telephone or data service;

(d) For purposes of commercial agricultural uses, including without limitation grazing of livestock, farming, and propagation and harvest of timber crops.

Notes of Decisions

Cited in 9 cases (3 in the last 5 years), 1983–2026 · leading case: Owen v. Smith, 485 P.3d 129 (Idaho 2021).

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Owen v. Smith, 485 P.3d 129 (Idaho 2021). · cites it 4× “Indeed, Idaho Code section 55-603 provides “[a] transfer of real property passes all easements attached thereto, and creates in favor thereof an easement to use other real property of 2 Susan Allen, secretary of the Minidoka County Highway District, submitted an affidavit…”

Davis v. Peacock, 991 P.2d 362 (Idaho 1999). · cites it 2× “Applying these rules to the facts of this case, we agree with the district court that, *644 because use of the road was reasonably necessary for the beneficial use of the Davises’ property at the time of severance, an implied easement by prior use arose at that time.”

Davis v. Gage, 682 P.2d 1282 (Idaho Ct. App. 1984). · cites it 2× “See I.C. § 55-603. The evidence was undisputed that this drainfield failed or became saturated for one reason oh another in late 1975.”

Cordwell v. Smith, 665 P.2d 1081 (Idaho Ct. App. 1983). · cites it 2× “Idaho Code § 55-603 provides: A transfer of real property passes all easements attached thereto, and creates in favor thereof an easement to use other real property of the person whose estate is transferred, in the same manner and to the same extent as such property was…”

Baker v. KAL, LLC, 415 P.3d 939 (Idaho 2018). · cites it 4× “Baker filed a motion for summary judgment with respect to Count I and Count II of the Stadlers' counterclaim, asserting that she was entitled to use Alexanna Lane to access her property because: (1) a statutory easement was created pursuant to Idaho Code section 55-603 ; (2) the…”

Sibling Rivalry Diverse Servs., LLC v. City of Boise (D. Idaho 2024). · cites it 15× “Sibling Rivalry alleges an implied easement over the Trail under three different theories: an easement implied by prior use, by necessity, and under Idaho Code § 55-603 . Additionally, Sibling Rivalry alleges an alternative claim against the United States for an implied easement…”

Sibling Rivalry Diverse Servs., LLC v. City of Boise, a political subdivision of the State of Idaho; United States of Am.; & United States of Am. Bureau of Land Mgmt., a governmental entity (D. Idaho 2026). · cites it 15× “Moreover Sibling Rivalry’s reliance on Idaho Code § 55-603 to claim an easement over the BLM Parcel contradicts its assertion that federal law applies to determine easements over federal lands.”

Regan v. Owen (Idaho 2017). · cites it 7× “Idaho Code 55-603 declares that “[a] transfer of real property passes all easements attached thereto .”

Beverly E. Torrence v. Monty McCay (Idaho Ct. App. 2011). · cites it 2× “I.C. § 55-603. Therefore, the district court erred by concluding that Annette failed to present sufficient evidence to prove an express easement in the alternate roadway.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.