# Idaho Code § 5-208: 5-208 CLAIM UNDER WRITTEN INSTRUMENT — POSSESSION DEFINED

> Idaho · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C2_S5-208

## Section

- **Citation:** Idaho Code § 5-208
- **Heading:** 5-208 CLAIM UNDER WRITTEN INSTRUMENT — POSSESSION DEFINED
- **Jurisdiction:** Idaho
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Idaho Code / Title 5 / Chapter 2 / Section 5-208

## Text

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:

(a) Where it has been usually cultivated or improved.

(b) Where it has been protected by a substantial enclosure.

(c) Where, although not enclosed, it has been used for the supply of fuel, or of fencing timber for the purposes of husbandry, or for pasturage, or for the ordinary use of the occupant.

(d) Where a known farm or single lot has been partly improved, the portion of such farm or lot that may have been left not cleared, or not enclosed, according to the usual course and custom of the adjoining country, shall be deemed to have been occupied for the same length of time as the part improved and cultivated.

(2) Notwithstanding the provisions of subsection (1) of this section, adverse possession shall not be considered established under the provisions of any sections of this code if a written instrument has been recorded in the real estate records kept by the county recorder of the county in which the property is located and such written instrument declares that it was not the intent of a party to such instrument, by permitting possession or occupation of real property as set forth in subsection (1) of this section, to thereby define property boundaries or ownership.

(3) For purposes of establishing adverse possession pursuant to this section, a person claiming adverse possession must present clear and convincing evidence that the requirements of subsections (1) or (2) of this section have been met.

History:

[(5-208) C.C.P. 1881, sec. 148; R.S., R.C., & C.L., sec. 4041; C.S., sec. 6601; I.C.A., sec. 5-208; am. 2001, ch. 290, sec. 1, p. 1027.]

## Nearby sections

- [Idaho Code § 5-201 5-201 LIMITATIONS IN GENERAL.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C2_S5-201.md)
- [Idaho Code § 5-202 5-202 ACTIONS BY STATE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C2_S5-202.md)
- [Idaho Code § 5-203 5-203 ACTION TO RECOVER REALTY.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C2_S5-203.md)
- [Idaho Code § 5-204 5-204 ACTION ARISING OUT OF CLAIM TO TITLE OR RENTS OR PROFITS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C2_S5-204.md)
- [Idaho Code § 5-205 5-205 EFFECT OF ENTRY.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C2_S5-205.md)
- [Idaho Code § 5-206 5-206 CONSTRUCTIVE POSSESSION.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C2_S5-206.md)
- [Idaho Code § 5-207 5-207 POSSESSION UNDER WRITTEN CLAIM OF TITLE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C2_S5-207.md)
- [Idaho Code § 5-208 5-208 CLAIM UNDER WRITTEN INSTRUMENT — POSSESSION DEFINED.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C2_S5-208.md)
- [Idaho Code § 5-209 5-209 POSSESSION UNDER ORAL CLAIM OF TITLE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C2_S5-209.md)
- [Idaho Code § 5-210 5-210 ORAL CLAIM — POSSESSION DEFINED — PAYMENT OF TAXES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C2_S5-210.md)
- [Idaho Code § 5-211 5-211 POSSESSION OF TENANT — PRESUMPTIONS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C2_S5-211.md)
- [Idaho Code § 5-212 5-212 DESCENT CAST DOES NOT AFFECT RIGHT.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C2_S5-212.md)
- [Idaho Code § 5-213 5-213 PERSONS UNDER DISABILITIES — RECOVERY OF REAL PROPERTY.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C2_S5-213.md)
- [Idaho Code § 5-214 5-214 ACTIONS OTHER THAN FOR RECOVERY OF REAL PROPERTY.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C2_S5-214.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ID_T5_C2_S5-208. Check the current official text before relying on it. Not legal advice.