Print Friendly SENATE BILL NO. 1310 – Real property boundaries/agreements
SENATE BILL NO. 1310
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S1310................................................by JUDICIARY AND RULES
REAL PROPERTY - Amends existing law relating to written agreements to
provide requirements for agreements fixing the boundary between adjoining
parcels of real property.
01/26 Senate intro - 1st rdg - to printing
01/27 Rpt prt - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1310
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO WRITTEN AGREEMENTS; AMENDING SECTION 9-505, IDAHO CODE, TO PROVIDE
3 REQUIREMENTS FOR AGREEMENTS FIXING THE BOUNDARY BETWEEN ADJOINING PARCELS
4 OF REAL PROPERTY AND TO MAKE TECHNICAL CORRECTIONS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 9-505, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 9-505. CERTAIN AGREEMENTS TO BE IN WRITING. In the following cases the
9 agreement is invalid, unless the same or some note or memorandum thereof, be
10 in writing and subscribed by the party charged, or by his agent. Evidence,
11 therefore, of the agreement cannot be received without the writing or second-
12 ary evidence of its contents:
13 1.(1) An agreement that by its terms is not to be performed within a year
14 from the making thereof.
15 2.(2) A special promise to answer for the debt, default or miscarriage of
16 another, except in the cases provided for in section 9-506, Idaho Code.
17 3.(3) An agreement made upon consideration of marriage, other than a
18 mutual promise to marry.
19 4.(4) An agreement for the leasing, for a longer period than one (1)
20 year, or for the sale, of real property, or of an interest therein, and such
21 agreement, if made by an agent of the party sought to be charged, is invalid,
22 unless the authority of the agent be in writing, subscribed by the party
23 sought to be charged.
24 5.(5) A promise or commitment to lend money or to grant or extend credit
25 in an original principal amount of fifty thousand dollars ($50,000) or more,
26 made by a person or entity engaged in the business of lending money or extend-
27 ing credit.
28 (6) An agreement fixing the boundary between adjoining parcels of real
STATEMENT OF PURPOSE
This amendment to existing code would require that to adversely
possess real property using boundary by agreement (including
boundary by acquiesce) a written agreement fixing the boundary
between adjoining parcels or real property must be provided.
There is no fiscal impact.
Name: Senator Shawn Keough
Senator Hal Bunderson
Representative Jim Clark
Representative Clete Edmunson
STATEMENT OF PURPOSE/FISCAL NOTE S 1310