Idaho Code
Idaho Code

Idaho Code § 8-539 (2026)

Lien on real estate — Time effective — Duration — Termination — Extension. 

✓ current as of May 2026
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Lien on real estate — Time effective — Duration — Termination — Extension. 

Whenever in any action, real estate has been levied upon under writs, either of attachment or execution, such levy shall be a lien upon all real property for a period of two (2) years after the date of levy unless sooner released or discharged in accordance with law, or by dismissal of the action or by the recording with the recorder of an abstract of judgment in the action. At the expiration of two (2) years, the lien shall cease and any proceeding or proceedings against the property under the lien shall be barred; provided, that upon motion of a party to the action, made not less than five (5) nor more than sixty (60) days before the expiration of said period of two (2) years, the court in which the action is pending may extend the time of said lien for a period not exceeding two (2) years from the date on which the original lien would expire, and the lien shall be extended for the period specified in the order upon the recording before the expiration of the existing lien, of a certified copy of the order with the recorder of the county in which the real property attached is situated. The lien may be extended from time to time in the manner herein prescribed.

Notes of Decisions
Cited in 2 cases, 1977–1984 · leading case: Williams v. Paxton, 559 P.2d 1123 (Idaho 1977).
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Williams v. Paxton, 559 P.2d 1123 (Idaho 1977). · cites it 4× “The trial court also concluded that because Mary Williams' residence was attached on December 20, 1968, and that because under I.C. § 8-539 the attachment lien had expired two years later on December 20, 1970, the attempt to sell the property under a levy of execution issued on…”
Estates of Somers v. Clearwater Power Co., 684 P.2d 1006 (Idaho 1984). · cites it 4× “Appellant concludes that the estates succeeded to all right, title and interest which Barber had in the land, including his vendor’s lien, as a result of the estates levying on all of Barber’s rights in the real property pursuant to I.C. § 8-539. Therefore, it is appellant’s…”
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