Idaho State Statutes - Idaho Attorney Directory

(1) Except
as provided in subsection (2) of this section, for the purpose of constituting
an adverse possession by a person claiming a title founded upon a written
instrument, or a judgment or decree, land is deemed to have been possessed and
occupied in the following cases:
(a) Where it has been usually cultivated or improved.
(b) Where it has been protected by a substantial enclosure.
(c) Where, although not enclosed, it has been used for the supply of
fuel, or of fencing timber for the purposes of husbandry, or for
pasturage, or for the ordinary use of the occupant.
(d) Where a known farm or single lot has been partly improved, the
portion of such farm or lot that may have been left not cleared, or not
enclosed, according to the usual course and custom of the adjoining
country, shall be deemed to have been occupied for the same length of time
as the part improved and cultivated.
(2) Notwithstanding the provisions of subsection (1) of this section,
adverse possession shall not be considered established under the provisions of
any sections of this code if a written instrument has been recorded in the
real estate records kept by the county recorder of the county in which the
property is located and such written instrument declares that it was not the
intent of a party to such instrument, by permitting possession or occupation
of real property as set forth in subsection (1) of this section, to thereby
define property boundaries or ownership.
(3) For purposes of establishing adverse possession pursuant to this
section, a person claiming adverse possession must present clear and
convincing evidence that the requirements of subsections (1) or (2) of this
section have been met.

Click here to visit the Official Idaho State Statutes