Adverse possession, also known as squatters’ rights, is something that we don’t see a lot of in Idaho but, on occasion, it does occur. If you do encounter an issue of adverse possession, there are a few things you should know. The issue of adverse possession is something that is very difficult to prove. It usually arises when the owner has been absent from the property, and another person has been living there for an extended period. Adverse possession does not include rental or lease agreements.
One of the requirements to claim adverse possession is that you must have occupied the property for 20 consecutive years. During the time of occupation, you need to have paid all the property taxes, cultivated, or improved the land, and made it publicly known that you have been using the property as your own. According to exclusive possession, adverse possession cannot be claimed by multiple people occupying the property, it may only be claimed by one sole person. This is exclusive to the United States, not just Idaho.
Title companies do not have the power to make the call of whether adverse possession has occurred; you would need to call a real estate attorney. For a property that has gone through adverse possession to be insured, there must be a recorded written document, whether that be from a judge or signed by both parties, transferring ownership from one person to another. Remember, each situation is unique and may have different requirements. If you have any questions, please contact a title officer, or your real estate attorney.
