Real Property Flashcards

Under Idaho law, which of the following is NOT a requirement for establishing a claim of adverse possession?

Answer: Permission from the original owner to use the property

A fundamental requirement for establishing a claim of adverse possession in Idaho, as in most jurisdictions, is that the possession must be 'hostile' or 'adverse,' meaning it occurs without the true owner's permission. If the possessor has permission from the original owner to use the property, their use is permissive and not adverse, thereby preventing the establishment of an adverse possession claim. The other options are generally requirements for adverse possession.

In a real estate transaction, what does the term “marketable title” refer to in Idaho?

Answer: A title free of any defects or encumbrances

In Idaho, 'marketable title' refers to a title to real property that is free from reasonable doubt as to its validity and free from any significant defects or encumbrances that would expose the buyer to litigation or make the property unmarketable. It assures a buyer that they are receiving clear ownership without hidden problems. While title insurance can protect against defects, marketable title itself describes the quality of the title.

Which of the following best describes a “tenancy by the entirety” in Idaho?

Answer: A type of co-ownership that is not recognized in Idaho

Tenancy by the entirety is a special form of co-ownership typically available only to married couples, characterized by a right of survivorship and protection against individual creditors. However, Idaho does not recognize tenancy by the entirety as a form of property ownership. Instead, married couples in Idaho typically hold property as community property or as joint tenants with right of survivorship.

In Idaho, which of the following is generally required for a real estate contract to be enforceable?

Answer: Written agreement

Under the Statute of Frauds, which is applicable in Idaho, contracts for the sale of real estate or any interest in land must be in writing to be legally enforceable. This requirement is designed to prevent fraud and ensure that significant transactions involving real property are properly documented. An oral agreement for the sale of real estate is generally not enforceable in court.

Which of the following best describes an “easement appurtenant” in Idaho?

Answer: An easement that benefits the land itself and transfers with the land when sold

An easement appurtenant in Idaho is a right to use another's land that benefits an adjacent parcel of land, known as the dominant estate, and 'runs with the land.' This means the easement is tied to the property itself, not a specific individual, and automatically transfers to subsequent owners when the dominant estate is sold. It is distinct from an easement in gross, which benefits a specific person or entity personally.