6-416. OCCUPANT OF REAL ESTATE — DETERMINATION OF RIGHT TO POSSESSION — TENANTS IN COMMON — PARTITION PROCEDURE. The owner in the main action may thereupon pay the value of the improvements determined on trial and take the property, but should he fail to do so after a reasonable time not to exceed one (1) year, to be fixed by the court, the claimant may take the property upon paying its value determined on trial, less any amount paid by claimant or his predecessor on a judicial or tax sale, exclusive of the improvements. If this is not done within said time, to be fixed by the court, the parties will be held to be tenants in common of all the real estate, including the improvements, each holding an interest proportionate to the values ascertained on the trial; provided, further, that thereafter, upon the motion of either party, proceedings may be had for partition thereof in accordance with chapter 5, title 5, Idaho Code.
History:
[6-416, added 1972, ch. 118, sec. 3, p. 234.]
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