Idaho Real Estate Practice Exam

What is the statutory period to establish adverse possession or easements by prescription in Idaho?

1. 5 years

2. 10 years

3. 15 years

4. 20 years

The correct answer is: 10 years

In Idaho, the statutory period required to establish adverse possession or easements by prescription is indeed 10 years. This time frame is significant in property law because it provides a clear and definitive period during which a possessor may claim rights to another's property through continuous, open, and notorious use. Adverse possession requires that the possession be actual, open and notorious, exclusive, hostile, and continuous for the entire 10-year period. If these criteria are met, the possessor can potentially gain legal title to the property despite the original owner's claims. Similarly, an easement by prescription allows someone to use a part of someone else's property under similar conditions, leading to legal recognition after the same 10 years of use. This 10-year period in Idaho aligns with the state's legal framework for recognizing such claims and prevents prolonged uncertainty over property rights. Other periods stated in the question do not reflect Idaho's laws, as they either exceed the existing statutory requirements or are not aligned with the legal definitions of adverse possession and prescriptive easements within the state.