5-201. LIMITATIONS IN GENERAL. Civil actions can only be commenced within the periods prescribed in this chapter after the cause of action shall have accrued, except when, in special cases, a different limitation is prescribed by statute. History: [(5-201) C.C.P. 1881, sec. 141; R.S., R.C., & C.L., sec. 4030; C.S., sec. 6594; I.C.A., sec. 5-201.]
5-202. ACTIONS BY STATE. The people of this state will not sue any person for or in respect to any real property or the issues or profits thereof, by reason of the right or title of the people to the same, unless: 1. Such right or title shall have accrued within ten (10) years before […]
5-203. ACTION TO RECOVER REALTY. No action for the recovery of real property, or for the recovery of the possession thereof, can be maintained, unless it appears that the plaintiff, his ancestor, predecessor or grantor, was seized or possessed of the property in question within twenty (20) years before the commencement of the action; and […]
5-204. ACTION ARISING OUT OF CLAIM TO TITLE OR RENTS OR PROFITS. No cause of action, or defense to an action, arising out of the title to real property, or to rents or profits out of the same, can be effectual unless it appears that the person prosecuting the action, or making the defense, or […]
5-205. EFFECT OF ENTRY. No entry upon real estate is deemed sufficient or valid as a claim unless an action be commenced thereupon within one (1) year after making such entry, and within five (5) years of the time when the right to make it descended or accrued. History: [(5-205) C.C.P. 1881, sec. 145; R.S., […]
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 […]
5-207. POSSESSION UNDER WRITTEN CLAIM OF TITLE. When it appears that the occupant, or those under whom he claims, entered into the possession of the property under claim of title, exclusive of other right, founding such claim upon a written instrument, as being a conveyance of the property in question, or upon the decree or […]
5-208. CLAIM UNDER WRITTEN INSTRUMENT — POSSESSION DEFINED. (1) Except as provided in subsection (2) of this section, for the purpose of constituting an adverse possession by a person claiming a title founded upon a written instrument, or a judgment or decree, land is deemed to have been possessed and occupied in the following cases: […]
5-209. POSSESSION UNDER ORAL CLAIM OF TITLE. Where it appears that there has been an actual continued occupation of land, under a claim of title, exclusive of any other right, but not founded upon a written instrument, judgment or decree, the land so actually occupied, and no other, is deemed to have been held adversely. […]
5-210. ORAL CLAIM — POSSESSION DEFINED — PAYMENT OF TAXES. For the purpose of constituting an adverse possession, by a person claiming title not founded upon a written instrument, judgment or decree, land is deemed to have been possessed and occupied in the following cases only: (1) Where it has been protected by a substantial […]
5-211. POSSESSION OF TENANT — PRESUMPTIONS. When the relation of landlord and tenant has existed between any persons, the possession of the tenant is deemed the possession of the landlord until the expiration of twenty (20) years from the termination of the tenancy, or, where there has been no written lease, until the expiration of […]
5-212. DESCENT CAST DOES NOT AFFECT RIGHT. The right of a person to the possession of real property is not impaired or affected by a descent cast in consequence of the death of a person in possession of such property. History: [(5-212) C.C.P. 1881, sec. 152; R.S., R.C., & C.L., sec. 4045; C.S., sec. 6605; […]
5-213. PERSONS UNDER DISABILITIES — RECOVERY OF REAL PROPERTY. If a person entitled to commence an action for the recovery of real property, or for the recovery of the possession thereof, or to make any entry or defense founded on the title to real property, or to rents or services out of the same, be […]
5-214. ACTIONS OTHER THAN FOR RECOVERY OF REAL PROPERTY. The periods prescribed for the commencement of actions other than for the recovery of real property are as follows. History: [(5-214) C.C.P. 1881, sec. 154; R.S., R.C., & C.L., sec. 4050; C.S., sec. 6607; I.C.A., sec. 5-214.]
5-214A. ACTION TO FORECLOSE MORTGAGE ON REAL PROPERTY. An action for the foreclosure of a mortgage on real property must be commenced within five (5) years from the maturity date of the obligation or indebtedness secured by such mortgage. If the obligation or indebtedness secured by such mortgage does not state a maturity date, then […]
5-215. ACTION ON JUDGMENT OR FOR MESNE PROFITS OF REAL PROPERTY. Within eleven (11) years: (1) An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States. (2) An action for mesne profits of real property. History: [(5-215) C.C.P. 1881, sec. 155; […]
5-216. ACTION ON WRITTEN CONTRACT. Within five (5) years: An action upon any contract, obligation or liability founded upon an instrument in writing. The limitations prescribed by this section shall never apply to actions in the name or for the benefit of the state and shall never be asserted nor interposed as a defense to […]
5-217. ACTION ON ORAL CONTRACT. Within four (4) years: An action upon a contract, obligation or liability not founded upon an instrument of writing. History: [(5-217) C.C.P. 1881, sec. 157; R.S., R.C., & C.L., sec. 4053; C.S., sec. 6610; I.C.A., sec. 5-217.]
5-218. STATUTORY LIABILITIES, TRESPASS, TROVER, REPLEVIN, AND FRAUD. Within three (3) years: 1. An action upon a liability created by statute, other than a penalty or forfeiture. The cause of action in favor of the state of Idaho or any political subdivision thereof, upon a surety bond or undertaking provided for or required by statute […]
5-219. ACTIONS AGAINST OFFICERS, FOR PENALTIES, ON BONDS, AND FOR PROFESSIONAL MALPRACTICE OR FOR PERSONAL INJURIES. Within two (2) years: 1. An action against a sheriff, coroner or constable, upon the liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an […]
