Marketable title refers to a title that is free of significant defects or encumbrances that would make it unmarketable to a reasonable buyer. This means the title should be clear of issues that could affect the buyer’s ability to enjoy the property or sell it in the future. It does not necessarily have to be insured or free from all possible disputes, but it must be free from serious issues that could affect its value or transferability.
In Idaho, as in most states, real estate contracts must be in writing to be enforceable under the Statute of Frauds. This requirement ensures that the terms of the agreement are clearly documented and reduces disputes about the contract’s terms. Oral agreements for real estate transactions are generally not enforceable.
Tenancy by the entirety is a type of co-ownership that is not recognized in Idaho. Idaho uses joint tenancy with the right of survivorship instead. In tenancy by the entirety, property is owned jointly by a married couple with the right of survivorship, meaning that if one spouse dies, the surviving spouse automatically inherits the deceased spouse’s interest.
An easement appurtenant benefits the land itself rather than a specific individual. It is attached to the land and transfers with the property when it is sold. The dominant tenement (the land benefiting from the easement) has the right to use the servient tenement (the land burdened by the easement) for a specific purpose, such as access or utilities.
To establish a claim of adverse possession in Idaho, the possession must be actual, continuous, and uninterrupted for a statutory period (typically 20 years in Idaho). The possession must also be open and notorious and hostile (without permission) to the true owner. Permission from the original owner negates the hostility required for adverse possession.
