How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Gerald-Esquire Your Own Question
Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Real Estate Law
Satisfied Customers: 2849
Experience:  30 years of experience.
77476456
Type Your Real Estate Law Question Here...
Gerald-Esquire is online now
A new question is answered every 9 seconds

Local Idaho BLM office has recently challenging my property

Customer Question

Local Idaho BLM office has recently challenging my property boundaries claiming the 40 year old private survey in my title is incorrect, in dispute is 11 feet of land approximately1/4 mile long where I have a fence---they say my only recourse is to remove the fence or file a color of title claim. Because they have never challenged my property line for 40 years, and never marked their property then or now---the supposed new boundaries, is there any other relevant Idaho laws that might help me? Thanks. xxxxxx xxxxxx xxx-xxx-xxxx
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Gerald-Esquire replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

It sounds like you have a claim to the property under "Adverse Possession."

Under Adverse possession a person in possession of land owned by someone else may acquire title to it if certain conditions are met. The conditions usually are as follows:

A demonstration of possession that is

(1) Continuous

(2) Hostile to the interests of the true owner

(3) Open and notorious

(4) Actual

(5) Exclusive

Under Idaho law you must be able to demonstrate 20 years of possession and payment of Taxes. Here is a link to the law:

https://legislature.idaho.gov/idstat/Title5/T5CH2SECT5-203.htm

https://legislature.idaho.gov/idstat/Title5/T5CH2SECT5-210.htm

This article explains this in greater detail:

http://statelaws.findlaw.com/idaho-law/idaho-adverse-possession-laws.html

This case also addresses adverse possession:

http://caselaw.findlaw.com/id-supreme-court/1490253.html

You need an experienced Real Estate Attorney to assist you with this because it is a complicated area. This link may be of help in that regard:

http://lawyers.findlaw.com/lawyer/practicestate/real-estate-law/idaho

I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note, I am on my way out the door right now so I will not be available for follow up questions until Sunday night.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Related Real Estate Law Questions