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Idaho Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Idaho on
Q: In Idaho, when doing a lot line adjustment, if there are any liens or such on property do they stay with original lot?

Neighboring owner is selling us 4.6 acres that attaches to our property.

Anthony M. Avery
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answered on Nov 23, 2022

If there is a Lien against the real property, then it remains despite any number of conveyances. It is not released because the lot becomes part of a larger tract.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Idaho on
Q: I want to sell my home. I have a shop that exceeds local city size by 5ft in leng. can I sell without a permit for shop?

no leans on home and HOA approves of the shed and was built not knowing city requirements. it's only 5 ft longer and has existed for about 5 years with no issues in the backyard. Was built with boundary guidelines i.e. clearances from home and property line are fine. no plumming only has... View More

Kevin M Rogers
Kevin M Rogers
answered on Mar 1, 2022

You can always sell your home, to anyone you want to sell to. . . as long as the fact that your shop is not within the CC&R guidelines, or city "set back, boundary" restrictions. This would be a BAD fact to omit if you are selling your home. Because, whether you have the City coming... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Idaho on
Q: I need to file a Proposed Judgment for Quiet Title (in Idaho); Can't find a template or example. Can you help me find 1?

Seeking Quiet Title for a piece of property I own in St. Maries, ID. Everything has been filed, accepted, processed, adjudicated upon & a Default Judgment has been granted..but it is incumbent upon me to file a 'Proposed Judgment of Quiet Title'. I can't find an example of such a... View More

Anthony M. Avery
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answered on Nov 23, 2021

You will need a competent ID attorney to draft that proposed Order. Remember the Order is adjudicating Title to real property. It is permanent and must be perfect. And every cloud on titles is different. If you do it yourself, and probably mess up, it is another cloud on the title you are... View More

1 Answer | Asked in Agricultural Law and Land Use & Zoning for Idaho on
Q: Per ID Code § 22-4504 (2016), can a city in Idaho pass an ordinance/law requiring a person to buy a permit to farm?

The city recently passed an ordinance saying you have to buy a yearly license/permit to raise animals (chickens, ducks...) in city limits. AND prohibits raising certain animals - male chickens, for example. And if you get caught, they fine you for being no complacent!

Kevin M Rogers
Kevin M Rogers
answered on Sep 25, 2020

There is nothing in Idaho Code 22-4504 which would prevent a city from enacting an ordinance requiring the owner of a farm to obtain a permit to raise certain animals, such as chickens, ducks within city limits. It says simply that Idaho prefers farming operations, period. The distinction this... View More

1 Answer | Asked in Land Use & Zoning for Idaho on
Q: Would it be legal to cut weeds on public land in order to have an event
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 21, 2015

Do you have permission to use the public land for the event? If so, it would depend upon the terms of the permit, as well as the public land law in your jurisdiction (You fail to mention whether the public land belongs to the state, the federal government, or another public body).

1 Answer | Asked in Land Use & Zoning for Idaho on
Q: How to get land owned and taxed by us back from neighbors who farms it. He refuses to meet with us to discuss usage.
Timothy V. Kassouni
Timothy V. Kassouni
answered on Dec 20, 2012

If your neighbor refuses to discuss the issue, your remedy would typically involve a claim to quiet title to the property in question. You would argue the land is yours and you have the right to use it. However you can expect the neighbor to argue that he has a prescriptive easement to continue... View More

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