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Idaho’s Supreme Court Raises New Questions About the Essential Elements of a Lease

Idaho’s Supreme Court recently issued a new opinion discussing the requirements to form a valid lease agreement. Unfortunately, the case raises as many questions as it answers....more

The Idaho Supreme Court Is Making It Easier to Inadvertently Lose Property Rights

While the Idaho legislature has been making it harder to lose real property rights through carelessness or inaction, the Idaho Supreme Court has been making it easier. In Idaho, and most other states, it has long been the law...more

Recent Cases Show How Idaho Courts Can Salvage Oral Real Estate Agreements

Two recent opinions of the Idaho Supreme Court, both filed on the same day, concern what the Court described in one those cases as “a sadly familiar story: an oral real estate transaction gone terribly wrong.”...more

Idaho Real Estate & Development Law Update: Recent Idaho Case Highlights Risks of Dealing with Warranty Deeds and Unsurveyed Land

The recent Idaho Supreme Court case of Nielson v. Talbot, Docket No. 44864 (Idaho 2018), highlights some risks of dealing in land that has not been surveyed and of using warranty deeds....more

Debtor May Be Entitled to Credit for “Reasonable Value” of Property Purchased by Lender at Mortgage Foreclosure Sale

In Idaho, it has long been understood that a secured creditor that has foreclosed a mortgage may be able to also get a judgment against the debtor for the remainder of the debt, if the proceeds of the foreclosure sale are not...more

Idaho Real Estate & Development Law Update: In Idaho, an Easement Owner Has the Duty to Maintain the Easement, Even if the...

A recent case in the Idaho Supreme Court serves as a good reminder that Idaho takes a somewhat unique approach to allocating responsibility for easement maintenance. In Fletcher v. Lone Mountain Road Association, Docket No....more

Idaho Real Estate & Development Law Update: How Much Diligence is Due?

All buyers of real estate know they need to do their homework. That process is sometimes called “due diligence.” But how much diligence is due? The recent decision of the Idaho Supreme Court in Tiller White, LLC v. Canyon...more

Priority of Future Advances Under Idaho Deeds of Trust Now in Doubt

In Liberty Bankers Life Insurance Co. v. Witherspoon, No. 41993, 2016 WL 74987 (Idaho Jan. 6, 2016), the Idaho Supreme Court examined a loan modification agreement in which a lender agreed to release real property from its...more

Idaho Statute Protecting the Priority of Future Advances Does Not Apply to Deeds of Trust

In Liberty Bankers Life Insurance Co. v. Witherspoon, No. 41993, 2016 WL 74987 (Idaho Jan. 6, 2016), the Idaho Supreme Court examined a loan modification agreement in which the lender agreed to release certain real property...more

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