I Bet You Didn’t Know THIS About Idaho Real Estate
As a licensed Realtor in both Nevada and Idaho I can tell you firsthand that the laws governing the practice of buying and selling real property varies GREATLY from state to state. Yes, there are many similarities on a national level – things that are common to the industry no matter where you are. However, there are some very unique considerations specific to life in Idaho that you might find very interesting,
Below are 5 Facts about Idaho Real Estate that you should know!
1. The “initial point’ (Boise Meridian) is the closest to the community in Kuna. The rectangular survey system requires an ‘initial point’ from which all surveys originate. So, if your property has ever been surveyed, this will shed some light on how they come up with those exact coordinates! In Idaho, the ‘initial’ point is located on top of a lava butte one mile east of the Swan Falls Road out of Kuna, Idaho, just east of the Kuna Caves. The initial point was established in 1867 and is identified with a U.S. Geological Survey stainless steel marker. Random, right?
2. Riparian Rights Don’t Exist Here: In states that recognize ‘riparian rights,’ an owner of land has the right to make use of the ground water flowing on, through or along the borders of the owned land. A riparian right is not limited by priority date and cannot be lost by non-use. However, in Idaho, the state does NOT recognize riparian rights. In Idaho, a water right must be for some useful or beneficial purpose and can only be established by appropriation and once established, CAN be lost if not used.
3. Manufactured Homes Can Be Personal Property and/or Real Property. If a manufactured home is sold as personal property, a certificate of title will be used to transfer ownership. Just like a car. To properly transfer the manufactured home from personal property to real property, the running gear must be removed and the land it is on must be owned by the owner of the manufactured/mobile home. When the manufactured home is properly affixed to a permanent foundation the owner can make an application on an approved form to the county assessor for the intent to treat the manufactured home as real property. This would have different tax and legal ramifications. It can also be converted back to personal property by meeting certain requirements. Doing this would allow the owner to remove the manufactured home from the real property and sell it separate from the land it was once on. A manufactured home cannot be removed without proper and legal notification to the county assessor. At least 30 days notice is required for the intended removal.
4. Anyone has access to Navigable Waters. What happens when a property has a stream running through it? Can anyone use the stream for fishing or recreational use? It depends… In Idaho, the definition of a navigable stream is any stream in its natural state during normal high water flow that will float cut timber having a 6” diameter or greater. The public is allowed access between the flow of ordinary high water lines for business or recreational purposes. Access is limited with the normal navigability of the stream. Portaging over private land and around irrigation dams or other obstructions is expressly permitted by statute but the boater must reenter the stream immediately below the obstruction or the nearest safe point to reenter.
5. A water right can be lost in Idaho by abandonment or forfeiture. If the water right is not used for 5 consecutive years, the right will be forfeited unless a formal application is applied for to extend the water right. If a well is abandoned, the well must be certified by a licensed well driller of such abandonment.
Now you know…