Print Friendly SENATE BILL NO. 1428 – Property, boundary, agreement
SENATE BILL NO. 1428
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S1428......................................by LOCAL GOVERNMENT AND TAXATION
PROPERTY - BOUNDARY - Adds to existing law to provide that a boundary by
agreement may not be established between contiguous landowners except with
consent; to provide a period of acquiescence; and to provide for recording
and service of an instrument declaring intent that no boundary by agreement
02/15 Senate intro - 1st rdg - to printing
02/16 Rpt prt - to Loc Gov
02/29 Rpt out - to 14th Ord
03/07 Ret'd to Loc Gov
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1428
BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO ACQUISITION OF REAL PROPERTY; AMENDING CHAPTER 2, TITLE 5, IDAHO
3 CODE, BY ADDING A NEW SECTION 5-210A, IDAHO CODE, TO PROVIDE THAT A BOUND-
4 ARY BY AGREEMENT MAY NOT BE ESTABLISHED BETWEEN CONTIGUOUS LANDOWNERS
5 EXCEPT WITH CONSENT, TO PROVIDE A PERIOD OF ACQUIESCENCE AND TO PROVIDE
6 FOR RECORDING AND SERVICE OF INSTRUMENT DECLARING INTENT THAT NO BOUNDARY
7 BY AGREEMENT BE CREATED; AND PROVIDING AN EFFECTIVE DATE.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Chapter 2, Title 5, Idaho Code, be, and the same is
10 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
11 ignated as Section 5-210A, Idaho Code, and to read as follows:
12 5-210A. BOUNDARY BY AGREEMENT -- PERIOD OF ACQUIESCENCE -- RECORDING. A
13 boundary by agreement, whether express or implied, may not be established
14 between contiguous landowners unless the landowners and their successors
15 acquiesce in the agreement for a period of five (5) years after the completion
16 of construction of the fence or other structure that is asserted to define the
17 boundary. The parties are deemed to have acquiesced in the boundary by agree-
18 ment unless either of the parties records a written instrument in the real
19 estate records kept by the county recorder of the county in which the proper-
20 ties are located, declaring it was not the intent of that party to fix a
21 boundary between the parcels by construction of the fence or other structure.
22 If the instrument declaring intent is recorded as provided in this section and
23 a copy of the instrument is served on the other party within the five (5) year
24 period, the instrument negates the effect of any purported express or implied
25 agreement to fix the boundary by construction of the fence or other structure.
26 SECTION 2. This act shall be in full force and effect on and after July
27 1, 2000.
STATEMENT OF PURPOSE
Adds a new section to the Idaho Code to govern boundary disputes and provide a
method to record the intent of any purported owner of land parcel with regard to a
fence or other structure that may delineate a boundary.
Many boundary disputes have been resolved by invoking English common-law
doctrine. No such doctrine is part of the present Idaho Code and many land
owners are not aware of the process needed to assure ownership retention. This
fills that void.
No cost to state or political subdivision.
Name: Sen. "Moon" Wheeler
STATEMENT OF PURPOSE/FISCAL NOTE S 1428