Title 55 — PROPERTY IN GENERAL

55-101. Real property defined. Real property or real estate consists of: 1. Lands, possessory rights to land, ditch and water rights, and mining claims, both lode and placer. 2. That which is affixed to land. 3. That which is appurtenant to land.

55-101A. "Lands" defined. Lands are the material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock or other substance, and include free or occupied space for an indefinite distance upwards as well as downwards, subject to limitations upon t…

55-101B. "Condominium" defined. A condominium is an estate consisting of (i) an undivided interest in common in real property, in an interest or interests in real property, or in any combination thereof, together with (ii) a separate interest in real property, in an interest or i…

55-102. Personal property defined. Every kind of property that is not real is personal.

55-103. Who may own property. (1) Except as provided in subsection (2) or (3) of this section, any person, whether citizen or alien, may take, hold, and dispose of property, real or personal. (2) Notwithstanding any provision of law to the contrary, on and after the effective dat…

55-104. Interests in common. Every interest created in favor of several persons in their own right is an interest in common, unless acquired by them in partnership, for partnership purposes, or unless declared in its creation to be a joint interest, or unless acquired as communit…

55-105. Future interests — When vested. A future interest is vested when there is a person in being who would have a right, defeasible or indefeasible, to the immediate possession of the property upon the ceasing of the immediate or precedent interest.

55-106. Contingent interests. A future interest is contingent whilst the person in whom, or the event upon which, it is limited to take effect remains uncertain.

55-107. Alternative future interests. Two (2) or more future interests may be created to take effect in the alternative; so that if the first in order fails to vest, the next in succession shall be substituted for it, and take effect accordingly.

55-108. Inheritance by posthumous children. When a future interest is limited to successors, heirs, issue or children, posthumous children are entitled to take in the same manner as if living at the death of their parent.

55-109. Transfer and devolution of future interests. Future interests pass by succession, will and transfer in the same manner as present interests.

55-110. Possibilities. A mere possibility, such as the expectancy of an heir apparent, is not to be deemed an interest of any kind.

55-111. No rule against perpetuities. There shall be no rule against perpetuities applicable to real or personal property.

55-111A. Suspension of power of alienation — Future interest by power of appointment. (1) The absolute power of alienation of property cannot be suspended by any limitation or condition whatever, for a longer permissible period than during the continuance of the lives of the pers…

55-112. Future interests defeated. A future interest, depending on the contingency of the death of any person without successors, heirs, issue or children, is defeated by the birth of a posthumous child of such person capable of taking by succession.

55-113. Future interests not defeated. No future interest can be defeated or barred by any alienation or other act of the owner of the intermediate or precedent interest, nor by any destruction of such precedent interest by forfeiture, surrender, merger or otherwise.

55-114. Future interests not defeated by premature determination of precedent estate. No future interest, valid in its creation, is defeated by the determination of the precedent interest before the happening of the contingency on which the future interest is limited to take effe…

55-115. Prohibitions on LEASE OR PURCHASE OF LAND OR DWELLINGS — within certain geographic boundaries. (1) A foreign principal from a foreign adversary country shall not be allowed to directly or indirectly purchase, hold, rent, or otherwise control any property in Idaho within t…

55-201. Limitation of future estates. A future estate may be limited by the act of the party to commence in possession at a future day, either without the intervention of a precedent estate, or on the termination, by lapse of time or otherwise, of a precedent estate created at th…

55-202. Successive remainders in fee. A contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is limited die under the age of twenty-one (21) years, or upon any other contingency by which t…

55-203. Limitation of successive life estates. Successive estates for life cannot be limited, except to persons in being at the creation thereof, and all life estates subsequent to those of persons in being are void; and upon the death of those persons the remainder, if valid in …

55-204. Remainders upon successive life estates. No remainder can be created upon successive estates for life, provided for in the preceding section, unless such remainder is in fee; nor can a remainder be created upon such estate in a term for years, unless it is for the whole r…

55-205. Contingent remainder. A remainder may be limited on a contingency which, in case it should happen, will operate to abridge or determine the precedent estate; and every such remainder is to be deemed a conditional limitation.

55-206. Rule in Shelley’s case abolished. When a remainder is limited to the heirs, or heirs of the body, of a person to whom a life estate in the same property is given, the persons who, on the termination of the life estate, are the successors or heirs of the body of the owner …

55-207. Power of appointment. A general or special power of appointment does not prevent the vesting of a future estate limited to take effect in case such power is not executed.

55-208. Termination of tenancy at will. A tenancy or other estate at will, however created, may be terminated: (1) By the landlord’s giving notice in writing to the tenant, in the manner prescribed by the code of civil procedure, to remove from the premises within a period of not…

55-209. Termination of tenancy at will — Rights of landlord. After such notice has been served, and the period specified by such notice has expired, but not before, the landlord may reenter, or proceed according to law to recover possession.

55-210. Right of reentry. Whenever the right of reentry is given to a grantor or a lessor in any grant or lease, or otherwise, such reentry may be made at any time after the right has accrued, upon three (3) days’ notice, as provided in the Code of Civil Procedure.

55-211. Summary proceedings — Where provided for. Summary proceedings for obtaining possession of real property forcibly entered, or forcibly and unlawfully detained, are provided for in the Code of Civil Procedure.

55-212. Action for real property — Notice unnecessary. An action for the possession of real property, leased or granted, with a right of reentry, may be maintained at any time, in the district court, after the right to reenter has accrued, without notice.

55-301. Rights of grantees against grantor’s tenants. A person to whom any real property is transferred or devised, upon which rent has been reserved or to whom such rent is transferred, is entitled to the same remedies for recovery of rent, for nonperformance of any of the terms…

55-302. Remedies of lessor against lessee’s assignee. Whatever remedies the lessor of any real property has against his immediate lessee for the breach of any agreement in the lease, or for recovery of the possession, he has against the assignees of the lessee, for any cause of a…

55-303. Remedies of lessee against lessor’s assignee. Whatever remedies the lessee of any real property may have against his immediate lessor, for the breach of any agreement in the lease, he may have against the assigns of the lessor, and the assigns of the lessee may have again…

55-304. Change in terms of lease — Notice. (1) In all leases of lands or tenements, or of any interest therein from month to month, the landlord may, upon giving notice in writing at least fifteen (15) days before the expiration of the month, change the terms of the lease to take…

55-305. limitation on fees for tenants of a rental property. (1) Any fees imposed on a residential tenant, including fees for the late payment of rent, shall be reasonable. (2) An owner may not charge to the tenant of a rental property a fee, fine, assessment, interest, or other …

55-306. Local Government — no rent control. A local governmental unit shall not enact, maintain, or enforce an ordinance or resolution that would have the effect of mandating Idaho property owners to be forced to participate in an optional federal housing assistance program or an…

55-307. Removal of fixtures by tenant. A tenant may remove from the demised premises, any time during the continuance of his term, anything affixed thereto for the purposes of trade, manufacture, ornament or domestic use, if the removal can be effected without injury to the premi…

55-308. Ownership of street by abutter. An owner of land bounded by a road or street is presumed to own to the center of the way, but the contrary may be shown.

55-309. Right to lateral and subjacent support. Each coterminous owner is entitled to the lateral and subjacent support which his land receives from the adjacent land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for pur…

55-310. Monuments and fences. Coterminous owners are mutually bound equally to maintain: 1. The boundaries and monuments between them. 2. The fences between them, unless one of them chooses to let his land lie without fencing, in which case, if he afterward incloses it, he must r…

55-311. Relocation of access. Where, for motor vehicle travel, any access which is less than a public dedication, has heretofore been or may hereafter be, constructed across private lands, the person or persons owning or controlling the private lands shall have the right at their…

55-312. Recovery of rent on lease for life. Rent due upon a lease for life may be recovered in the same manner as upon a lease for years.

55-313. Rent on lease for life — Recovery after death. Rent dependent on the life of a person may be recovered after as well as before his death.

55-314. Duties of tenant for life. The owner of a life estate must keep the buildings and fences in repair from ordinary waste, and must pay the taxes and other annual charges, and a just proportion of extraordinary assessments benefiting the whole inheritance.

55-315. Action by reversioners. A person having an estate in fee, in remainder or reversion, may maintain an action for any injury done to the inheritance, notwithstanding an intervening estate for life or years, and although, after its commission, his estate is transferred, and …

55-401. Conflict of laws. If there is no law to the contrary in the place where personal property is situated, it is deemed to follow the person of its owner and is governed by the law of his domicil.

55-402. Transfer and devolution of things in action. A thing in action arising out of the violation of a right of property, or out of an obligation, may be transferred by the owner. Upon the death of the owner it passes to his personal representatives, except where, in the cases …

55-403. Abandoned or unclaimed property in possession of sheriff or city police department — Sale at public auction. (1) Except as otherwise provided in subsection (4) of this section, any personal property that has come into the possession or custody of the sheriff of any county…

55-404. Proceeds of sale — Disbursement. Except as provided in section 55-405, Idaho Code, the proceeds of said sale shall be applied first to all costs assessed or incurred against the personal property so sold including any storage charges as keepers’ fee and expenses of sale i…

55-405. Found personal property. (1) Notwithstanding any other provision of law, any person who finds money or goods valued at one hundred dollars ($100) or more, excepting firearms, explosives or other deadly weapons as identified in chapter 33, title 18, Idaho Code, shall, if t…