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  1. #1
    Join Date
    Aug 2015
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    2

    Default Adverse Possession Laws for Public Land

    My question involves real estate located in the State of: Idaho

    Sixteen years ago we built a shop and a house that apparently is partially on state land. We based our boundary understanding on a nearby fence line and private road that was apparently on leased land rather than the privately owned property. In 2007, the state and feds conducted a survey and to our surprise marked the boundaries within what we believed to be our property boundary. We have just recently been notified of encroachment and trespassing and will be meeting with State Dept of Land to discuss options. I wonder what those might be. Since we have continuously occupied the shop and our home as well as developed it with plantings, etc., my primary question is this: do provisions of the Idaho statute regarding adverse possession apply to public, government owned lands?

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Laws Related to Adverse Possession of Public Land

    Most states, and the federal government, have laws that prohibit a claim of adverse possession of government land. I could not readily find such a limitation in Idaho, but there may be one. Note though that Idaho law requires that the adverse possession have continued unbroken for at least 20 years. If your claim only goes back 16 years when the shop and house were built you’d not have have met that requirement and in that case it wouldn’t matter whether you could make an adverse possession claim against the state.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Laws Related to Adverse Possession of Public Land

    In 2010, the Idaho Supreme Court restated the court's long-standing precedent, that no title by adverse possession can be acquired against the state, with that rule also extending to municipalities.

  4. #4
    Join Date
    Aug 2015
    Posts
    2

    Default Re: Laws Related to Adverse Possession of Public Land

    Thanks!

  5. #5
    Join Date
    Dec 2008
    Location
    El Dorado County, CA
    Posts
    395

    Default Re: Laws Related to Adverse Possession of Public Land

    Under some conditions, the nature of the State title, the use of the land, and the ability to trade land of similar or greater value, a state may agree to a land exchange or similar title settlement.

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