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Ask Gerald-Esquire Your Own Question
Gerald-Esquire, Lawyer
Category: Real Estate Law
Satisfied Customers: 3920
Experience:  30 years of experience.
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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.


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:

This article explains this in greater detail:

This case also addresses adverse possession:

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:

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.

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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.

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