Title 55, PROPERTY IN GENERAL

55-805. ACKNOWLEDGMENT NECESSARY TO AUTHORIZE RECORDING. (1) Before an instrument may be recorded, unless it is otherwise expressly provided, its execution must be acknowledged by the person executing it, or if executed by a corporation, by its president or vice president, or sec…

55-806. POWER MUST BE RECORDED BEFORE CONVEYANCE BY ATTORNEY. An instrument executed by an attorney in fact must not be recorded until the power of attorney authorizing the execution of the instrument is filed for record in the same office.

55-807. RECORDER'S FEE TO BE ENDORSED ON INSTRUMENT AND RECORD. The recorder must in all cases indorse the amount of his fee on the instrument recorded, and on the record thereof.

55-808. PLACE OF RECORD. Instruments entitled to be recorded must be recorded by the county recorder of the county in which the real property affected thereby is situated.

55-809. WHEN DEEMED RECORDED. An instrument is deemed to be recorded when, being duly acknowledged, or proved and certified, it is deposited in the recorder's office with the proper officer for record.

55-810. BOOKS OF RECORD. Grants and conveyances absolute in terms, are to be recorded in one set of books and mortgages in another or in an approved electronic storage system containing segregated searchable and retrieval files.

55-811. RECORD AS NOTICE. Every conveyance of real property acknowledged or proved, and certified, and recorded as prescribed by law, from the time it is filed with the recorder for record, is constructive notice of the contents thereof to subsequent purchasers and mortgag(e)es. …

55-812. UNRECORDED CONVEYANCE VOID AGAINST SUBSEQUENT PURCHASERS. Every conveyance of real property other than a lease for a term not exceeding one (1) year, is void as against any subsequent purchaser or mortgagee of the same property, or any part thereof, in good faith and for …

55-813. CONVEYANCE DEFINED. The term "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 will…

55-814. REVOCATION OF POWER TO BE RECORDED. No instrument containing a power to convey or execute instruments affecting real property, which has been recorded, is revoked by any act of the party by whom it was executed, unless the instrument containing such revocation is also ack…

55-815. UNRECORDED INSTRUMENTS VALID BETWEEN PARTIES. An unrecorded instrument is valid as between the parties thereto and those who have notice thereof.

55-816. AFFIDAVITS. Any affidavit setting forth facts showing or explaining marital status, identity of persons, possession of real property when the title thereof is deraigned through tax deed, delivery of deed by grantor during grantor's lifetime, occupation of real property as…

55-817. DURATION OF NOTICE. No public record of any mortgage or other lien on real property, given prior to July 1, 1945, shall constitute notice of the existence or contents of such mortgage or lien, to subsequent purchasers or encumbrancers of the property affected thereby, for…

55-818. RECORDING OF SUMMARY OF INSTRUMENT -- EFFECT. A summary of any instrument creating an interest in, or affecting the title to or possession of real property, may be recorded under this chapter or the laws of this state if the requirements of this section are substantially …

55-819. REQUIREMENTS REGARDING A REQUEST FOR NOTICE OF TRANSFER OR ENCUMBRANCE -- RULEMAKING. (1) If the department of health and welfare has recorded a request for notice of transfer or encumbrance: (a) When a title insurance company or agent discovers the presence of a request …

55-820. PROHIBITION AND REMOVAL OF RESTRICTIVE COVENANTS. No deed recorded on or after July 1, 2022, shall contain a reference to a restrictive covenant prohibited by section 55-616(1), Idaho Code. A county clerk may refuse to accept any deed submitted for recordation that refere…