Idaho is what’s known as a “community property” state — one of 9.5 such states in the United States. (Alaska has an opt-in provision for community property, so it is the 1/2 state.) The rest of the states are “common law” property state. In those states, determining who owns what is generally straight-forward. If there is a written title document for the property (house, car, boat), then whoever is listed on the title owns the property. If there is not title, then whoever owned the money ...
Pet Cemetery Story On Channel 6
Pet Cemeteries
I recently had occasion to do some research regarding the legal status of pet cemeteries in Idaho. Unlike in some States, it appears there are no laws specifically regarding the creation or maintenance of pet cemeteries here. The question then arises: what is someone buying if someone buys a plot at a pet cemetery? The answer appears to be that he or she is not buying as much as he or she might think or hope. If someone buys a plot in a pet cemetery, the implications are that, as with a ...
What Are CCRS?
In a recent post about dealing with your neighbor when it comes to fences, I mentioned “CCRs” as one possible location for information or rules governing your placement of (and payment for) fencing. One reader inquired regarding what CCRs are — thus this post. CCR is, of course, an abbreviation for Credence Clearwater Revival, an awesome band from the 1970s with hits such as “Proud Mary” and “Who’ll Stop the Rain.” But it also stands for the slightly less enjoyable “Covenants, ...
Dealing With My Neighbor — Fences
Some time ago, I posted about dealing with the neighbors when it comes to trees. This entry will be about another common neighbor issue — fences. Unlike trees, the topic of fences has its very own Title in the Idaho statutes (Title 35). Rightly or wrongly, this puts it on a level with other Titles, such as “Courts and Court Officials,” “Revenue and Taxation,” “Insurance,” and “Crimes and Punishments.” Accordingly, there are a number of specific laws that deal with fences, highlighting ...
Dealing With My Neighbor — Trees
With the recent high winds in Boise and the subsequent falling of many trees and tree limbs, I’ve been looking at the law related to tree ownership and rights of neighbors regarding trees. Ownership: If you own land, and a tree’s trunk is entirely on your land, then you own that tree, too. The key is the trunk — not the canopy or roots. Even if most of the canopy or roots extend off your land, the tree is still yours. Where the tree straddles a boundary line, it becomes the shared ...