Idaho § 5-401 ACTIONS RELATING TO REAL PROPERTY

Idaho Statutes

§ 5-401 — ACTIONS RELATING TO REAL PROPERTY

Idaho § 5-401

Title 5PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD

Ch. 4PLACE OF TRIAL OF CIVIL ACTIONS

This text of Idaho § 5-401 (ACTIONS RELATING TO REAL PROPERTY) 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 § 5-401 (2026).

Text

Actions for the following causes must be tried in the county in which the subject of the action or some part thereof is situated, subject to the power of the court to change the place of trial, as provided in this code:

1.For the recovery of real property, or of an estate or interest therein, or for the determination in any form of such right or interest and for injuries to real property.

2.For the partition of real property.

3.For the foreclosure of a mortgage of real property. Where the real property is situated partly in one county and partly in another, the plaintiff may select either of the counties, and the county so selected is the proper county for the trial of such action.

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Actions for the following causes must be tried in the county in which the subject of the action or some part thereof is situated, subject to the power of the court to change the place of trial, as provided in this code:
1. For the recovery of real property, or of an estate or interest therein, or for the determination in any form of such right or interest and for injuries to real property.
2. For the partition of real property.
3. For the foreclosure of a mortgage of real property. Where the real property is situated partly in one county and partly in another, the plaintiff may select either of the counties, and the county so selected is the proper county for the trial of such action.