By Joseph G. Ballstaedt When transferring fee simple ownership in real property, Idaho law requires that the property description precisely describe the property. If not, the transfer is not valid. A much more lenient standard, however, applies to the conveyance of easements. If a document granting an easement does clearly…
By Joseph G. Ballstaedt What if you are a non-Indian and purchase land within the borders of an Indian reservation? Are you submitting yourself to regulation by the Tribe and the jurisdiction of the tribal courts for matters related to your property and the use thereof? Probably not. The United…
By Joseph G. Ballstaedt “Subletting” or “subleasing” occurs when a landlord rents a property to a tenant who then rents the property to another tenant known as the “subtenant.” A tenant may seek a subtenant so he can share rent expenses or he may want to find a subtenant while…
By Joseph G. Ballstaedt The doctrine of adverse possession of real property is a strange legal concept, yet one deeply imbedded in American law. Under this doctrine, a person who trespasses onto and possesses the property of another can, after enough time has passed and if certain other conditions are…
By: T.J. Budge Idaho law recognizes the doctrine of adverse possession, whereby a person can acquire ownership of real property by occupying it for an extended period of time to the exclusion of others. This is sometimes referred to as a “squatter’s right.” A person claiming ownership by adverse possession…
By Lane V. Erickson, Attorney One of the first things to consider when preparing to foreclose non-judicially on real estate is whether you have a legal right to do so. If you have waited too long to exercise your right to foreclose, you may have lost your right. When it…
By Lane V. Erickson, Attorney You are a holder of a mortgage on real property located in Idaho. The borrower who owns the Home Depot that and making their regular payments to you. You did everything right and doing a non-judicial foreclosure under Idaho law. A trustee’s deed has been…
By Joseph G. Ballstaedt In Idaho, if you want to use your property in manner not authorized by current zoning ordinances, you must either seek to amend the zoning ordinance or seek a variance from the city council or board of county commissioners. Idaho law requires all zoning ordinances to…
By: T.J. Budge The Idaho Legislature recently made two important changes in Idaho law affecting homeowner’s associations (HOAs). The changes came by way of amendments to Idaho Code § 55-115. Subsections (3) and (4) were added during the 2016 Legislative Session and took effect on July 1, 2016. Subsection (3)…
By Joseph G. Ballstaedt A few days ago, the Idaho Supreme Court issued a decision that reaffirms an Idaho rule concerning property descriptions. The Court held that a conveyance deed is not enforceable unless the property description in the deed describes the property so that it is possible for someone…