Terms Used In Idaho Code > Title 55
- Accessory to a corner: means any exclusively identifiable physical object whose spatial relationship to the corner is recorded. See Idaho Code 55-1603
- Action: means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim. See Idaho Code 10-1501
- Activity and use limitations: means restrictions or obligations created under this chapter with respect to real property. See Idaho Code 55-3002
- Administrator: means the administrator of the division of building safety. See Idaho Code 55-2202
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Agency: means the Idaho department of environmental quality or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created. See Idaho Code 55-3002
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Authorized person: means :
Idaho Code 55-2401
Bank-offered spot rate: means the spot rate of exchange at which a bank will sell foreign money at a spot rate. See Idaho Code 10-1501 Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. Benchmark: means a material object, natural or artificial, whose elevation is referenced to an adopted datum. See Idaho Code 55-1603 Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Board: means the board of licensure of professional engineers and professional land surveyors. See Idaho Code 55-1603 Board: means the damage prevention board. See Idaho Code 55-2202 Commercial unit: means such a unit of goods as by commercial usage is a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use. See Idaho Code 28-12-103 Commission: means the Idaho real estate commission. See Idaho Code 55-1802 Common interest community: means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person’s ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community. See Idaho Code 55-3002 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Conservation easement: means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic, or open-space values of real property, assuring its availability for agricultural, forest, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property. See Idaho Code 55-2101 Consumer lease: means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family or household purpose, if the total payments to be made under the lease contract, excluding payments for options to renew or buy, do not exceed twenty-five thousand dollars ($25,000). See Idaho Code 28-12-103 Continuance: Putting off of a hearing ot trial until a later time. Contractor: means any person, sole proprietorship, partnership, joint venture, corporation, or other business entity doing business in the state of Idaho which contracts, subcontracts or otherwise agrees or undertakes to perform any function or activity upon any land, building, highway, waterway or other premises. See Idaho Code 55-2401 Conversion date: means the banking day next preceding the date on which money, in accordance with this chapter, is:
Idaho Code 10-1501
conveyance: as used in this chapter , embraces every instrument in writing by which any estate or interest in real property is created, alienated, mortgaged or encumbered, or by which the title to any real property may be affected, except wills. See Idaho Code 55-813 Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Counterclaim: A claim that a defendant makes against a plaintiff. Damage: means any impact or exposure that results in the substantial weakening of structural or lateral support of an underground facility, or the penetration, impairment, or destruction of any underground protective coating, housing, or other protective device, or the partial or complete destruction of the facility, or the severance, partial or complete, of any underground facility to the extent that the project owner or the affected underground facility owner determines that repairs are required. See Idaho Code 55-2202 Deed: The legal instrument used to transfer title in real property from one person to another. Default: means the failure by the lessee to perform, on time, any obligation or duty set forth in the rental agreement or the provisions of this chapter. See Idaho Code 55-2301 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Dependent: A person dependent for support upon another. Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. Devise: To gift property by will. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Disposition: includes sale, lease, assignment, award by lottery or any other transaction concerning a subdivision, if undertaken for gain or profit. See Idaho Code 55-1802 Distribution proceeding: means a judicial or nonjudicial proceeding for the distribution of a fund in which one (1) or more foreign-money claims is asserted and includes an accounting, an assignment for the benefit of creditors, a foreclosure, the liquidation or rehabilitation of a corporation or other entity, and the distribution of an estate, trust or other fund. See Idaho Code 10-1501 Docket: A log containing brief entries of court proceedings. Emergency: means any sudden or unforeseen condition constituting a clear and present danger to life, health or property, or a customer service outage, or the blockage of roads or transportation facilities that requires immediate action. See Idaho Code 55-2202 End user: means any customer or consumer of any utility service or commodity provided by an underground facility owner. See Idaho Code 55-2202 Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See Idaho Code 55-3002 Environmental response project: means a plan or work performed for environmental remediation of real property and conducted:
Idaho Code 55-3002
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Escrow: Money given to a third party to be held for payment until certain conditions are met. Establish: means to determine the position of a corner either physically or mathematically. See Idaho Code 55-1603 Excavation: means any operation in which earth, rock, or other material in the ground is moved or otherwise displaced by any means including, but not limited to, explosives. See Idaho Code 55-2202 Excavator: means any person who engages directly in excavation. See Idaho Code 55-2202 Excavator downtime: means lost time for an excavation project due to failure of one (1) or more stakeholders to comply with applicable damage prevention regulations. See Idaho Code 55-2202 Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state. Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. Fault: means wrongful act, omission, breach or default. See Idaho Code 28-12-103 Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it. Felony: A crime carrying a penalty of more than a year in prison. Fiduciary: A trustee, executor, or administrator. Finance lease: means a lease with respect to which:
Idaho Code 28-12-103
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC Foreign money: means money other than money of the United States of America. See Idaho Code 10-1501 Foreign-money claim: means a claim upon an obligation to pay, or a claim for recovery of a loss, expressed in or measured by a foreign money. See Idaho Code 10-1501 Fraud: Intentional deception resulting in injury to another. Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (section 28-12-309, Idaho Code), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. See Idaho Code 28-12-103 Grantor: The person who establishes a trust and places property into it. Hand digging: means any excavation involving nonmechanized tools or equipment that when used properly will not damage underground facilities. See Idaho Code 55-2202 High voltage: means voltage in excess of six hundred (600) volts measured between conductors or between a conductor and the ground. See Idaho Code 55-2401 Holder: means :
Idaho Code 55-2101
Holder: means the grantee of an environmental covenant as specified in section 55-3003(1), Idaho Code. See Idaho Code 55-3002 Idaho coordinate system: shall mean that system of plane coordinates as established and designated by chapter 17, title 55, Idaho Code. See Idaho Code 55-1902 Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC Installment lease contract: means a lease contract that authorizes or requires the delivery of goods in separate lots to be separately accepted, even though the lease contract contains a clause "each delivery is a separate lease" or its equivalent. See Idaho Code 28-12-103 Inter vivos: Transfer of property from one living person to another living person. Intestate: Dying without leaving a will. Land survey: means measuring the field location of corners that:
Idaho Code 55-1902
Last known address: means that address provided by the lessee in the rental agreement or the address provided by the lessee to the operator in a subsequent written notice of a change of address. See Idaho Code 55-2301 Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Idaho Code 28-12-103 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this chapter. See Idaho Code 28-12-103 Lease contract: means the total legal obligation that results from the lease agreement as affected by this chapter and any other applicable rules of law. See Idaho Code 28-12-103 Leased space: means the individual storage space at the self-service storage facility that is or may be rented to a lessee pursuant to a rental agreement. See Idaho Code 55-2301 Leasehold interest: means the interest of the lessor or the lessee under a lease contract. See Idaho Code 28-12-103 Lessee: means a person, sublessee, successor, or assignee entitled to the use of a leased space at a self-service storage facility under the terms of a rental agreement. See Idaho Code 55-2301 Lessee: means a person who acquires the right to possession and use of goods under a lease. See Idaho Code 28-12-103 Lessor: means a person who transfers the right to possession and use of goods under a lease. See Idaho Code 28-12-103 Lien: A claim against real or personal property in satisfaction of a debt. Lien: means a charge against or interest in goods to secure payment of a debt or performance of an obligation, but the term does not include a security interest. See Idaho Code 28-12-103 Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant). Locator: means a person who identifies and marks the location of an underground facility owned or operated by an underground facility owner. See Idaho Code 55-2202 Marking: means the use of stakes, paint, or other clearly identifiable materials to show the field location of underground facilities, in accordance with the current color code standard of the American public works association. See Idaho Code 55-2202 Merchant lessee: means a lessee that is a merchant with respect to goods of the kind subject to the lease. See Idaho Code 28-12-103 Money: means a medium of exchange for the payment of obligations or a store of value authorized or adopted by a government or by inter-governmental agreement. See Idaho Code 10-1501 Money of the claim: means the money determined as proper pursuant to section SECTsp1/>10-1504. See Idaho Code 10-1501 Month: means a calendar month, unless otherwise expressed. See Idaho Code 73-114 Monument: means a physical structure that occupies the exact position of a corner. See Idaho Code 55-1603 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mortgagee: The person to whom property is mortgaged and who has loaned the money. Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money. Offer: includes any inducement, solicitation or attempt to encourage a person to acquire an interest in land, if undertaken for gain or profit. See Idaho Code 55-1802 One-number notification service: means a service through which a person can notify owners of underground facilities and request field-marking of their underground facilities. See Idaho Code 55-2202 Operator: means the owner, operator, lessor, or sublessor of a self-service storage facility or an agent or another person authorized to manage the facility or to receive rent from a lessee under a rental agreement. See Idaho Code 55-2301 Overhead line: means all electrical conductors installed above ground. See Idaho Code 55-2401 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two (2) or more of any of the foregoing having a joint or common interest or any other legal or commercial entity. See Idaho Code 55-1802 Person: means an individual, partnership, association, corporation, a state, a city, a county, or any subdivision or instrumentality of a state, and its employees, agents, or legal representatives. See Idaho Code 55-2202 Person: means any individual or business entity of any kind. See Idaho Code 55-2401 Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Idaho Code 55-3002 Person: means an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, joint venture, partnership, association, two (2) or more persons having a joint or common interest, or any other legal or commercial entity. See Idaho Code 10-1501 Personal property: means those items placed within the leased space and includes, but is not limited to, goods, wares, merchandise, motor vehicles, watercraft and household items and furnishings. See Idaho Code 55-2301 Personal property: includes money, goods, chattels, things in action, evidences of debt and general intangibles as defined in the uniform commercial code — secured transactions. See Idaho Code 73-114 Plaintiff: The person who files the complaint in a civil lawsuit. Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer. Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC Present value: means the amount as of a date certain of one (1) or more sums payable in the future, discounted to the date certain. See Idaho Code 28-12-103 Probate: Proving a will Professional land surveyor: means any person who is authorized by the laws of this state to practice land surveying. See Idaho Code 55-1603 Property: includes both real and personal property. See Idaho Code 73-114 Property corner: means a geographic point on the surface of the earth and is on, a part of, and controls a property line. See Idaho Code 55-1603 Property corner: is a geographic point on the surface of the earth and is on, a part of, and controls a property. See Idaho Code 55-1902 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. psychologically impacted: means the effect of certain circumstances surrounding real property which include, but are not limited to, the fact or suspicion that real property might be or is impacted as a result of facts or suspicions including, but not limited to the following:
(1) That an occupant or prior occupant of the real property is or was at any time suspected of being infected or has been infected with a disease which has been determined by medical evidence to be highly unlikely to be transmitted through the occupancy of a dwelling place; or
(2) That the real property was at any time suspected of being the site of suicide, homicide or the commission of a felony which had no effect on the physical condition of the property or its environment or the structures located thereon; or
(3) That a registered or suspected sex offender occupied or resides near the property. See Idaho Code 55-2801
Public land survey corner: means any point actually established and monumented in an original survey or resurvey that determines the boundaries of remaining public lands, or public lands patented, represented on an official plat and in the field notes thereof, accepted and approved under authority delegated by congress to the U. See Idaho Code 55-1603 Public land survey corner: is a ny point actually established and monumented in an original survey or resurvey that determines the boundaries of remaining public lands, or public lands patented, represented on an official plat and in the field notes thereof, accepted and approved under authority delegated by congress to the U. See Idaho Code 55-1902 Public right-of-way: means the area on, below, or above a public roadway, highway, street, lane, path, sidewalk, alley, or other right-of-way dedicated for compatible uses. See Idaho Code 55-2202 Public utility: means any publicly, cooperatively or privately owned utility which owns or operates a high voltage overhead line. See Idaho Code 55-2401 Purchase: includes taking by sale, lease, mortgage, security interest, pledge, gift or any other voluntary transaction creating an interest in goods. See Idaho Code 28-12-103 Purchaser: means a person who acquires or attempts to acquire or succeeds to an interest in land. See Idaho Code 55-1802 Quorum: The number of legislators that must be present to do business. Rate of exchange: means the rate at which money of one (1) country may be converted into money of another country in a free financial market convenient to or reasonably usable by a person obligated to pay or to state a rate of conversion. See Idaho Code 10-1501 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Reference point: means a special monumented point that does not occupy the same geographical position as the corner itself, and where the spatial relationship to the corner is recorded, and which serves to locate the corner. See Idaho Code 55-1603 Reference point: means a special monumented point that does not occupy the same geographical position as the corner itself, and where the spatial relationship to the corner is known and recorded, and that serves to locate the corner. See Idaho Code 55-1902 Registered mail: includes certified mail. See Idaho Code 73-114 Rental agreement: means a signed, written agreement or contract that establishes or modifies conditions or rules concerning the use and occupancy by a lessee of leased space at a self-service storage facility and includes any signed, written amendment to such an agreement. See Idaho Code 55-2301 Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation. Residential real property: means real property that is improved by a building or other structure that has one (1) to four (4) dwelling units or an individually owned unit in a structure of any size. See Idaho Code 55-2503 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC Rural underground facility owner: means an underground facility owner that is a public utility or a member-owned cooperative that serves fewer than five thousand (5,000) total customers in a county or counties with populations that do not exceed fifty thousand (50,000) people. See Idaho Code 55-2202 seal: includes an impression of such seal upon the paper, alone, as well as upon wax or a wafer affixed thereto; or, alternatively, the seal may be the mark of a rubber stamp providing substantially the same information as the impression. See Idaho Code 73-111 Self-service storage facility: means any real property used for renting or leasing individual storage space in which the lessees themselves store and remove their own personal property on a "self-service" basis. See Idaho Code 55-2301 Seller: means the owner of residential real property as defined in this chapter. See Idaho Code 55-2503 Service lateral: means any underground facility located in a public right-of-way or underground facility easement that is used to convey water (unless being delivered primarily for irrigation), stormwater, or sewage and connects an end user’s building or property to an underground facility owner’s main utility line. See Idaho Code 55-2202 Service of process: The service of writs or summonses to the appropriate party. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Soft digging: means any excavation using tools or equipment that utilize air or water pressure as the direct means to break up soil or earth for removal by vacuum excavation. See Idaho Code 55-2202 Spot rate: means the rate of exchange at which foreign money is sold by a bank or other dealer in foreign exchange for immediate or next day availability or for settlement by immediate payment in cash or equivalent, by charge to an account, or by an agreed delayed settlement not exceeding two (2) days. See Idaho Code 10-1501 State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Idaho Code 55-3002 State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. See Idaho Code 10-1501 Statute: A law passed by a legislature. Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. subdivided lands: means and includes the following:
Idaho Code 55-1802
Subdivider: means any owner of subdivided land who offers it for disposition or the principal agent of an inactive owner. See Idaho Code 55-1802 Subpoena: A command to a witness to appear and give testimony. Subpoena duces tecum: A command to a witness to produce documents. Summons: Another word for subpoena used by the criminal justice system. Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See Idaho Code 28-12-103 Surveyor: shall mean every person authorized by the state of Idaho to practice the profession of land surveying. See Idaho Code 55-1902 Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Third-party right of enforcement: means a right provided in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation, charitable association, or charitable trust, which, although eligible to be a holder, is not a holder. See Idaho Code 55-2101 Time shared property: means any real property in which the use and occupancy rights are divided or proposed to be divided into more than thirteen (13) units, interests or parcels in accordance with a fixed or variable time schedule on a periodic basis that allocates the use or occupancy among the persons holding similar interests, whether such use or occupancy rights are granted by deed, contract or share certificate. See Idaho Code 55-1802 Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC Trustee: A person or institution holding and administering property in trust. Trustor: The person who makes or creates a trust. Also known as the grantor or settlor. Underground facility: means any item buried or placed below ground for use in connection with the storage or conveyance of water (unless being delivered primarily for irrigation), stormwater, sewage, electronic, telephonic or telegraphic communications, cable television, electric energy, petroleum products, gas, gaseous vapors, hazardous liquids, or other substances and including, but not limited to, pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments, and those parts of poles or anchors belowground. See Idaho Code 55-2202 Underground facility easement: means a nonpossessory right to operate, control, bury, install, maintain, or access an underground facility. See Idaho Code 55-2202 Underground facility owner: means any person who owns or operates an underground facility or who provides any utility service or commodity to an end user via an underground facility. See Idaho Code 55-2202 Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC Vehicle: is a s defined in section 49-123, Idaho Code, and "trailer" is as defined in section 49-121, Idaho Code. See Idaho Code 55-2301 Verdict: The decision of a petit jury or a judge. Witness corner: means a monumented point on a lot line or boundary line of a survey, near a corner, and established in situations where it is impracticable to occupy or monument the corner. See Idaho Code 55-1603 Writ: signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer, and the word "process" a writ or summons issued in the course of judicial proceedings. See Idaho Code 73-114