Idaho Statutes

§ 5-206 — CONSTRUCTIVE POSSESSION

Idaho § 5-206
JurisdictionIdaho
Title 5PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD
Ch. 2LIMITATION OF ACTIONS

This text of Idaho § 5-206 (CONSTRUCTIVE POSSESSION) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Idaho Code § 5-206 (2026).

Text

In every action for the recovery of real property, or the possession thereof, a person establishing a legal title to the property is presumed to have been possessed thereof within the time required by law, and the occupation of the property by another person is deemed to have been under and in subordination to the legal title, unless it appears that the property has been held and possessed adversely to such legal title, for twenty (20) years before the commencement of the action.

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Related

White v. Boydstun
428 P.2d 747 (Idaho Supreme Court, 1967)
25 case citations
Capps v. Wood
790 P.2d 395 (Idaho Court of Appeals, 1990)
16 case citations
Alan G. Ross v. Tommy A. Dorsey
303 P.3d 195 (Idaho Supreme Court, 2013)
5 case citations
Broadhead v. Hawley
712 P.2d 653 (Idaho Court of Appeals, 1985)
4 case citations
Osterloh v. State
665 P.2d 1060 (Idaho Supreme Court, 1983)
3 case citations

Legislative History

[(5-206) C.C.P. 1881, sec. 146; R.S., R.C., & C.L., sec. 4039; C.S., sec. 6599; I.C.A., sec. 5-206; am. 2006, ch. 158, sec. 3, p. 474.]

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Bluebook (online)
Idaho § 5-206, Counsel Stack Legal Research, https://law.counselstack.com/statute/id/5-206.