Easement in Idaho
State-specific overview · Property & Real Estate
Idaho permits easements by prescription after five years of open, notorious, and uninterrupted use with the owner's knowledge.
How Idaho treats Easement
Idaho Code generally follows common-law easement principles, allowing creation by express grant, implication, necessity, and prescription. Prescriptive easements require five years of continuous use that is open, notorious, and adverse to the owner's interests. Idaho recognizes easements appurtenant (benefiting neighboring land) and easements in gross (personal rights). The state enforces easement restrictions strictly according to their terms and does not favor implied expansion of easement rights beyond their original scope.
The general definition of Easement
The right to use someone else's land for a specific purpose, like crossing it or running utilities.
An easement gives one person or entity the legal right to use another person's property in a limited way. For example, a utility company might have an easement to run electric lines under your yard, or a neighbor might have an easement to cross your land to reach their property. The property owner still owns the land but cannot prevent the easement holder from exercising their right.
Read the full Easement entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Idaho.