How to deal with unauthorized occupants on a property you plan to sell — Idaho

Detailed answer

When someone occupies a property you own without your permission, you are facing an unauthorized occupant (commonly called a squatter). In Idaho, unauthorized occupancy is a civil and sometimes criminal problem. The immediate response and the legal path you take depend on whether the occupant is simply trespassing or claiming long‑term possession (which can lead to an adverse possession claim). Acting quickly preserves your rights and prevents complicated title problems that can interfere with a sale.

Immediate steps: distinguish trespass from adverse possession

Trespass (short‑term or recent entry): the occupant has no legal right to be there and is occupying without permission. You can usually remove a trespasser more quickly by involving law enforcement and, if needed, the courts.

Adverse possession (long‑term claim): some occupants try to establish legal title by meeting statutory elements (open, notorious, exclusive, hostile, and continuous possession for the statutory period). If an occupant meets Idaho’s statutory requirements and statute of limitations, they may have a claim that can cloud or defeat your title. To protect the sale, you must address occupancy before an adverse possession claim ripens.

What to do right away

Do not use force or lock the occupant out yourself. Self‑help evictions can expose you to criminal or civil liability.
Call local law enforcement if the occupant has just broken in or is committing criminal trespass. Police can sometimes remove trespassers when the person has no colorable right to be there and entry was forcible or recent.
Document everything: photos or video of the occupant and how they are using the property, dates/times, any communications, and any damage or utilities in the occupant’s name.
Check public records and your title documents to prove ownership and to see whether the occupant has ever recorded any documents (e.g., a purported conveyance or deed).

When you need to involve the courts

If law enforcement declines to remove the occupant because the situation looks like a civil dispute (for example the occupant claims to be a tenant or to have lived there for a long time), you will generally need to start a civil action to regain possession. In Idaho, the typical civil remedies are:

Filing a forcible entry and detainer or unlawful detainer action (an eviction) if the occupant claims to be a tenant or refused to leave after a notice to quit;
Filing a quiet title action or other ejectment action when the occupant claims ownership or when you need a court order to clear title or remove someone who claims an interest;
Pursuing claims for damages and costs if the occupant damaged the property or improperly used utilities.

How the eviction/forcible detainer route typically works

Eviction procedures vary by county, but the general sequence is:

Provide any required notice to the occupant (for example, a written notice to vacate). The type of notice depends on whether they are a tenant, licensee, or blatant trespasser.
If the occupant does not leave, file an unlawful detainer or ejectment action in the appropriate Idaho court.
Serve the occupant with the court papers and attend the hearing. The court decides possession and any rent or damages owed.
If the court awards possession to you, obtain a writ of restitution or similar order allowing the sheriff to physically remove the occupant if they still will not leave.

Evictions and forcible detainer actions take time — often weeks to months — so begin the process as soon as you learn of unauthorized occupancy.

Adverse possession risk

If an occupant has been in continuous, open, notorious, exclusive, and hostile possession for the statutory period required by Idaho law, they may assert adverse possession and seek title. To avoid giving rise to such claims, the property owner should take prompt, documented steps to assert ownership: call police for trespass, serve notices, and file court actions if needed. For specifics about adverse possession law and required time periods, see Idaho statutes and consult an attorney experienced in Idaho real property law.

Idaho statutes and statutory periods govern adverse possession claims and actions for recovery of real property. For statute text and related rules, see the Idaho Statutes collection: https://legislature.idaho.gov/statutesrules/idstat/. For practical court and self‑help information, see the Idaho Court Assistance pages: https://isc.idaho.gov.

Title and sale consequences

An unresolved occupancy problem can block or delay a sale. Buyers and title companies want clear title and insured possession at closing. If a purchaser sees an occupant on the property, they may walk away or demand that you remove the occupant and clear title before closing. If you need to close quickly on a sale, coordinate with your title company and escrow to determine what court orders or insurance endorsements are acceptable to complete the transaction.

When to hire an attorney

Hire an Idaho real property attorney when:

The occupant claims long‑term possession or ownership;
You need a quiet title action or a court order to clear title;
The occupant resists law enforcement and you must pursue eviction in court;
You must coordinate removal with a sale or a lender’s requirements.

Helpful hints

Act fast. Delay increases the risk of adverse possession claims and complicates sales.
Never attempt a self‑help eviction (changing locks, removing belongings, cutting utilities) — Idaho law generally requires use of the courts for eviction.
Document the occupant’s presence carefully: date‑stamped photos, videos, witness statements, mail and utility records.
Contact local police early for clear trespass situations; ask for an incident number and officer report for your records.
Talk with your title company before closing. They can tell you what remedies or court orders they will require to insure and close the sale.
Consider temporary protective measures (security cameras, posted “No Trespassing” signs, locked gates) so long as they do not interfere with someone claiming tenant rights.
If you plan to sell a property with a potential occupation problem, disclose the situation to prospective buyers and their agents early to avoid last‑minute contract failures.
Consult a local Idaho real estate attorney to get specific advice and to file the right legal action for your county and facts.

Disclaimer: This article explains general principles of Idaho property law to help you understand common options and procedures. It is not legal advice and does not create an attorney‑client relationship. For advice tailored to your exact facts and the statutes that apply to your situation, consult a licensed Idaho attorney.