Idaho Statutes
§ 5-206 — CONSTRUCTIVE POSSESSION
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)
Capps v. Wood
790 P.2d 395 (Idaho Court of Appeals, 1990)
Alan G. Ross v. Tommy A. Dorsey
303 P.3d 195 (Idaho Supreme Court, 2013)
Broadhead v. Hawley
712 P.2d 653 (Idaho Court of Appeals, 1985)
Osterloh v. State
665 P.2d 1060 (Idaho Supreme Court, 1983)
Easterling v. Hal Pacific Properties, L.P.
(Idaho Supreme Court, 2021)
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.]
Nearby Sections
15
§ 5-201
LIMITATIONS IN GENERAL§ 5-202
ACTIONS BY STATE§ 5-203
ACTION TO RECOVER REALTY§ 5-205
EFFECT OF ENTRY§ 5-206
CONSTRUCTIVE POSSESSION