Idaho Code
Idaho Code

Idaho Code § 6-401 (2026)

Actions to quiet title. 

✓ current as of May 2026
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Actions to quiet title. 

An action may be brought by any person against another who claims an estate or interest in real or personal property adverse to him, for the purpose of determining such adverse claim, provided that all actions to adjudicate water rights and obtain a decree as to water source, quantity, point of diversion, place of use, nature of use, period of use, and priority as against other water users shall be brought under the provisions of chapter 14, title 42, Idaho Code.

Notes of Decisions
Cited in 26 cases (7 in the last 5 years), 1961–2025 · leading case: Sommer v. Misty Valley, LLC, 511 P.3d 833 (Idaho 2021).
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Sommer v. Misty Valley, LLC, 511 P.3d 833 (Idaho 2021). · cites it 6× “I.C. § 6-401 (emphasis added). Except for the addition of “or personal” by amendment in 1937, and the exclusion of water rights, “this statute is the same now as it was when first adopted by the territorial legislature in 1881.”
Brown v. Greenheart, 335 P.3d 1 (Idaho 2014). · cites it 6× “The district court ruled that the Browns exercised due diligence when they hired a realtor and a title company to assist with the land sale transaction with Greenheart and that a mistake with regard to the deed was not manifest at that moment in time.”
Smith v. Smith (In Re Est. of Smith), 432 P.3d 6 (Idaho 2018). · cites it 2× “That statute provides that magistrate courts may be assigned matters involving "[p]roceedings in the probate of wills and administration of estates of decedents, minors and incompetents." I.”
Dennis J. Sallaz & Marcy Fox v. Eugene (Roy) Rice, 384 P.3d 987 (Idaho 2016). · cites it 2× “I.C. § 6-401. In an action for quiet title, there is no right to a jury trial.”
Eagle Equity Fund, LLC v. TitleOne Corp., 386 P.3d 496 (Idaho 2016). · cites it 4× “” I.C. § 6-401. Although a quiet title action challenges the defendant’s interest, the plaintiff necessarily asserts his or her own property interest in bringing a quiet title action.”
Drew v. Sorensen, 989 P.2d 276 (Idaho 1999). · cites it 4× “Accordingly, the district court ruled that the evidence indicated that Sorensen “was claiming ‘private and exclusive’ dominion over the easement which could give rise to an easement by prescription.”
Aldape v. Akins, 668 P.2d 130 (Idaho Ct. App. 1983). · cites it 2× “I.C. § 6-401 defines an action to quiet title as an action which “may be brought by any person against another who claims an estate or interest in real or personal property adverse to him, for the purpose of determining such adverse claim.”
Loomis v. Union Pac. R.R. Co., 544 P.2d 299 (Idaho 1975). · cites it 4× “§ 10-105 or an action to quiet title under I.C. § 6-401) must be determined from a consideration of all of the pleadings in the case, and of the ultimate and entire relief sought.”
Lewiston Lime Co. v. Barney, 394 P.2d 323 (Idaho 1964). · cites it 4× “The parties to that action, as noted above, were the Jeanette Creek Mining and Exploration Corporation, respondent’s predecessor, as plaintiff, and certain of the appellants in this case, to-wit: Jack Barney and his wife, Althea Barney; John Boehm and his wife, Joyce Boehm;…”
Maureen Erickson v. Jerome S. McKee, 283 P.3d 749 (Idaho 2012). · cites it 2× “Another possible action that could have been pursued by Maureen would have been a quiet title action. “An action may be brought by any person against another who claims an estate or interest in real or personal property adverse to him, for the purpose of determining such adverse…”
R.T. Nahas Co. v. Hulet, 674 P.2d 1036 (Idaho Ct. App. 1983). · cites it 2× “Idaho Code § 6-401 , relating to quiet title actions, was amended after the trial in this case, but before the court had entered its findings of fact, conclusions of law and judgment.”
Haney v. Molko, 844 P.2d 1382 (Idaho Ct. App. 1992). · cites it 2× “Under I.C. § 6-401, “[e]very estate or interest known to law in real property, whether legal or equitable, may be determined in an action to quiet title.”
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