Title 55 — PROPERTY IN GENERAL

55-501. Transfer of possibilities. A mere possibility not coupled with an interest cannot be transferred.

55-502. Right of reentry is transferable. A right of reentry or of repossession for breach of condition subsequent can be transferred.

55-503. Transfer by disseizee. Any person claiming title to real property in the adverse possession of another may transfer it with the same effect as if in actual possession.

55-504. Oral transfers. A transfer may be made without writing, in every case in which a writing is not expressly required by statute.

55-505. Transfer in writing — How designated. A transfer in writing is called a grant, or conveyance, or bill of sale.

55-506. Words of inheritance not required. Words of inheritance or succession are not requisite to transfer a fee in real property.

55-507. Grant effective on death without heirs. Where a future interest is limited by a grant to take effect on the death of any person without heirs, or heirs of his body, or without issue, or in equivalent words, such words must be taken to mean successors, or issue living at t…

55-508. Cointerests deemed to be in common. Every interest in real estate granted or devised to two (2) or more persons, other than executors or trustees, as such constitutes a tenancy in common, unless expressly declared in the grant or devise to be otherwise.

55-601. Conveyance — How made. A conveyance of an estate in real property may be made by an instrument in writing, subscribed by the party disposing of the same, or by his agent thereunto authorized by writing. The name of the grantee and his complete mailing address must appear …

55-602. Conveyance by attorney in fact. When an attorney in fact executes an instrument transferring an estate in real property, he must subscribe the name of his principal to it, and his own name as attorney in fact.

55-603. Easements pass with property — easements in gross of a commercial character. (1) A transfer of real property passes all easements attached thereto, and creates in favor thereof an easement to use other real property of the person whose estate is transferred, in the same m…

55-604. Fee presumed to pass. A fee simple title is presumed to be intended to pass by a grant of real property unless it appears from the grant that a lesser estate was intended.

55-605. Acquisition of subsequent title by grantor. Where a person purports by proper instrument to convey or grant real property in fee simple, and subsequently acquires any title or claim of title thereto, the same passes by operation of law to the grantee or his successors.

55-606. Conclusiveness of conveyance — Bona fide purchasers. Every grant or conveyance of an estate in real property is conclusive against the grantor, also against every one subsequently claiming under him, except a purchaser or encumbrancer, who in good faith, and for a valuabl…

55-607. Unauthorized grant by life tenant. A grant made by the owner of an estate for life or years, purporting to transfer a greater estate than he could lawfully transfer, does not work a forfeiture of his estate, but passes to the grantee all the estate which the grantor could…

55-608. Defeat of grant on condition subsequent. Where a grant is made upon condition subsequent, and is subsequently defeated by the nonperformance of the condition, the person otherwise entitled to hold under the grant must reconvey the property to the grantor or his successors…

55-609. Grant on condition precedent. An instrument purporting to be a grant of real property, to take effect upon condition precedent, does not pass the estate upon the performance of the condition. Such instrument is an executory contract for the conveyance of the property. Upo…

55-610. Grant of rents, reversions, or remainders. Grants of rents or of reversions or of remainders are good and effectual without attornments of the tenants; but no tenant who, before notice of the grant, has paid rent to the grantor, must suffer any damage thereby.

55-611. Grant of land bounded by highway. A transfer of land, bounded by a highway, passes the title of the person whose estate is transferred to the soil of the highway in front, to the center thereof, unless a different intent appears from the grant.

55-612. Covenants implied from grant. From the use of the word "grant" in any conveyance by which an estate of inheritance, possessory right, or fee simple is to be passed, the following covenants, and none other, on the part of the grantor, for himself and his heirs, to the gran…

55-613. Encumbrances defined. The term "encumbrances" includes taxes, assessments, and all liens upon real property.

55-614. Lineal and collateral warranties abolished. Lineal and collateral warranties, with all their incidents, are abolished; but the heirs and devisees of every person who has made any covenant or agreement in reference to the title of, in, or to any real property, are answerab…

55-615. Solar easements. (1) An easement, as defined in section 50-1301, Idaho Code, may be obtained for the purpose of exposure of a solar energy device to sunlight. Such easement shall be known as a solar easement, shall be created in writing, and shall be subject to the same c…

55-616. Prohibition and Removal of restrictive covenants. (1) Every provision in a written instrument relating to real property that purports to forbid or restrict the conveyance, encumbrance, occupancy, or lease thereof to individuals because of race, color, ethnicity, or nation…

55-617. Appurtenant water rights and water entitlements and obligations pass with property. (1) A transfer of real property passes appurtenant water rights decreed by court order pursuant to chapter 14, title 42, Idaho Code, permitted or licensed by the department of water resour…

55-618. internal accessory dwelling units — restrictive covenants prohibited. (1) On and after July 1, 2023, no restrictive covenant may be entered into that prohibits an internal accessory dwelling unit, as defined in section 55-3212, Idaho Code. Any such covenant is hereby decl…

55-801. What may be recorded. Any instrument or judgment affecting the title to or possession of real property may be recorded under this chapter.

55-802. Recording judgments. Judgments affecting the title to or possession of real property, authenticated by the certificate of the clerk of the court in which such judgments were rendered, may be recorded without acknowledgment or further proof.

55-803. United States patents. Letters patent and all other instruments that evidence or affect title to real property, geothermal resources, or minerals including, but not limited to, oil and gas, in this state issued by the United States, executed pursuant to existing law, may …

55-804. Notices of location. Certificates and notices of location authorized by law, with the affidavits attached, may be recorded without acknowledgment or further proof.

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 m…

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 f…

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…

55-901. Fraudulent conveyances of land. Every instrument, other than a will, affecting an estate in real property, including every charge upon real property, or upon its rents or profits, made with intent to defraud prior or subsequent purchasers thereof, or encumbrancers thereon…

55-902. Grantee must be privy to fraud. No instrument is to be avoided under the last section, in favor of a subsequent purchaser or encumbrancer having notice thereof at the time his purchase was made, or his lien acquired, unless the person in whose favor the instrument was mad…

55-903. Power of revocation — When deemed executed. Where a power to revoke or modify an instrument affecting the title to, or the enjoyment of, an estate in real property, is reserved to the grantor, or given to any other person, a subsequent grant of, or charge upon, the estate…

55-904. Power of revocation not subject to exercise before grant — When deemed executed. Where a person having the power of revocation within the provisions of the last section is not entitled to execute it until after the time at which he makes such a grant or charge as is descr…