reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 3 - RIGHTS AND OBLIGATIONS OF OWNERS › Section 55-309 - OWNERSHIP OF STREET BY ABUTTER.

55-309. OWNERSHIP OF STREET BY ABUTTER. An owner of land bounded by a road or street is presumed to own to the center of the way, but the contrary may be shown.
History:
[(55-309) R.S., sec. 2883; reen. R.C. & C.L., sec. 3091; C.S., sec. 5359; I.C.A., sec. 54-309.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 3 - RIGHTS AND OBLIGATIONS OF OWNERS › Section 55-310 - RIGHT TO LATERAL AND SUBJACENT SUPPORT.

55-310. RIGHT TO LATERAL AND SUBJACENT SUPPORT. Each coterminous owner is entitled to the lateral and subjacent support which his land receives from the adjacent land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction, on using ordinary care and skill, and taking reasonable precautions to sustain the land of the other, and giving previous reasonable notice to the other of his intention to make such excavation.
History:
[(55-310) R.S., sec. 2884; reen. R.C. & C.L., sec. 3092; C.S., sec. 5360; I.C.A., sec. 54-310.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 3 - RIGHTS AND OBLIGATIONS OF OWNERS › Section 55-311 - DUTIES OF TENANT FOR LIFE.

55-311. DUTIES OF TENANT FOR LIFE. The owner of a life estate must keep the buildings and fences in repair from ordinary waste, and must pay the taxes and other annual charges, and a just proportion of extraordinary assessments benefiting the whole inheritance.
History:
[(55-311) R.S., sec. 2885; reen. R.C. & C.L., sec. 3093; C.S., sec. 5361; I.C.A., sec. 54-311.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 3 - RIGHTS AND OBLIGATIONS OF OWNERS › Section 55-312 - MONUMENTS AND FENCES.

55-312. MONUMENTS AND FENCES. Coterminous owners are mutually bound equally to maintain:
1. The boundaries and monuments between them.
2. The fences between them, unless one of them chooses to let his land lie without fencing, in which case, if he afterward incloses it, he must refund to the other the just proportion of the value, at that time, of any division fence made by the latter.
History:
[(55-312) R.S., sec. 2886; reen. R.C. & C.L., sec. 3094; C.S., sec. 5362; I.C.A., sec. 54-312.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 3 - RIGHTS AND OBLIGATIONS OF OWNERS › Section 55-313 - RELOCATION OF ACCESS.

55-313. RELOCATION OF ACCESS. Where, for motor vehicle travel, any access which is less than a public dedication, has heretofore been or may hereafter be, constructed across private lands, the person or persons owning or controlling the private lands shall have the right at their own expense to change such access to any other part of the private lands, but such change must be made in such a manner as not to obstruct motor vehicle travel, or to otherwise injure any person or persons using or interested in such access.
History:
[(55-313) 1985, ch. 252, sec. 1, p. 586.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 3 - RIGHTS AND OBLIGATIONS OF OWNERS › Section 55-314 - LIMITATION ON FEES FOR TENANTS OF A RENTAL PROPERTY.

55-314. LIMITATION ON FEES FOR TENANTS OF A RENTAL PROPERTY. (1) Any fees imposed on a residential tenant, including fees for the late payment of rent, shall be reasonable.
(2) An owner may not charge to the tenant of a rental property a fee, fine, assessment, interest, or other cost:
(a) In an amount greater than that agreed upon in the rental agreement; or
(b) That is not included in the rental agreement, unless:
(i) The rental agreement is an oral agreement; or
(ii) The rental agreement is written, and the owner provides the tenant a written thirty (30) day notice of the change in the fee, fine, assessment, interest, or other cost.
(3) The provisions of this section shall apply to rental agreements entered into or renewed on or after July 1, 2023.
(4) Nothing in this section shall be construed to limit the amount that can be charged for rent.
History:
[55-314, added 2023, ch. 67, sec. 1, p. 228.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 4 - PERSONAL PROPERTY › Section 55-401 - CONFLICT OF LAWS.

55-401. CONFLICT OF LAWS. If there is no law to the contrary in the place where personal property is situated, it is deemed to follow the person of its owner and is governed by the law of his domicil.
History:
[(55-401) R.S., sec. 2890; reen. R.C. & C.L., sec. 3095; C.S., sec. 5363; I.C.A., sec. 54-401.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 4 - PERSONAL PROPERTY › Section 55-402 - TRANSFER AND DEVOLUTION OF THINGS IN ACTION.

55-402. TRANSFER AND DEVOLUTION OF THINGS IN ACTION. A thing in action arising out of the violation of a right of property, or out of an obligation, may be transferred by the owner. Upon the death of the owner it passes to his personal representatives, except where, in the cases provided in the Code of Civil Procedure, it passes to his devisees or successor in office.
History:
[(55-402) R.S., sec. 2891; reen. R.C. & C.L., sec. 3096; C.S., sec. 5364; I.C.A., sec. 54-402.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 4 - PERSONAL PROPERTY › Section 55-404 - PROCEEDS OF SALE — DISBURSEMENT.

55-404. PROCEEDS OF SALE — DISBURSEMENT. Except as provided in section 55-405, Idaho Code, the proceeds of said sale shall be applied first to all costs assessed or incurred against the personal property so sold including any storage charges as keepers’ fee and expenses of sale incurred by the sheriff or city police department, and the balance of such proceeds, if any, shall be kept by the sheriff or city police department in a separate fund for a period of one (1) year from the date of sale. Any person claiming title to, or ownership of, such proceeds by reason of ownership of such personal property at the time of sale by the sheriff or city police department shall make written application therefor to the sheriff or city police department. If satisfactory proof of such title or ownership is furnished within one (1) year of the receipt of such proceeds, then the said proceeds shall be delivered to the claimant. If no claim and proof is made before the expiration of one (1) year from the receipt of the proceeds, the same shall be paid by the sheriff to the county treasurer or by the city police department to the city clerk who shall credit the same to the general fund of the county or the city, as the case may be, and no claim therefor shall be thereafter considered.
History:
[55-404, added 1957, ch. 131, sec. 2, p. 221; am. 1978, ch. 357, sec. 2, p. 941; am. 2002, ch. 131, sec. 1, p. 362.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 5 - TRANSFERS IN GENERAL › Section 55-501 - TRANSFER OF POSSIBILITIES.

55-501. TRANSFER OF POSSIBILITIES. A mere possibility not coupled with an interest cannot be transferred.
History:
[(55-501) R.S., sec. 2900; reen. R.C. & C.L., sec. 3097; C.S., sec. 5365; I.C.A., sec. 54-501.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 5 - TRANSFERS IN GENERAL › Section 55-502 - RIGHT OF REENTRY IS TRANSFERABLE.

55-502. RIGHT OF REENTRY IS TRANSFERABLE. A right of reentry or of repossession for breach of condition subsequent can be transferred.
History:
[(55-502) R.S., sec. 2901; reen. R.C. & C.L., sec. 3098; C.S., sec. 5366; I.C.A., sec. 54-502.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 5 - TRANSFERS IN GENERAL › Section 55-503 - TRANSFER BY DISSEIZEE.

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.
History:
[(55-503) 1863, p. 528, sec. 33; R.S., sec. 2902; reen. R.C. & C.L., sec. 3099; C.S., sec. 5367; I.C.A., sec. 54-503.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 5 - TRANSFERS IN GENERAL › Section 55-504 - ORAL TRANSFERS.

55-504. ORAL TRANSFERS. A transfer may be made without writing, in every case in which a writing is not expressly required by statute.
History:
[(55-504) R.S., sec. 2903; reen. R.C. & C.L., sec. 3100; C.S., sec. 5368; I.C.A., sec. 54-504.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 5 - TRANSFERS IN GENERAL › Section 55-505 - TRANSFER IN WRITING — HOW DESIGNATED.

55-505. TRANSFER IN WRITING — HOW DESIGNATED. A transfer in writing is called a grant, or conveyance, or bill of sale.
History:
[(55-505) R.S., sec. 2904; reen. R.C. & C.L., sec. 3101; C.S., sec. 5369; I.C.A., sec. 54-505.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 5 - TRANSFERS IN GENERAL › Section 55-506 - WORDS OF INHERITANCE NOT REQUIRED.

55-506. WORDS OF INHERITANCE NOT REQUIRED. Words of inheritance or succession are not requisite to transfer a fee in real property.
History:
[(55-506) 1863, p. 528, sec. 43; R.S., sec. 2905; reen. R.C. & C.L., sec. 3102; C.S., sec. 5370; I.C.A., sec. 54-506.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 5 - TRANSFERS IN GENERAL › Section 55-507 - GRANT EFFECTIVE ON DEATH WITHOUT HEIRS.

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 the death of the person named as ancestor.
History:
[(55-507) 1863, p. 528, sec. 44; R.S., sec. 2906; reen. R.C. & C.L., sec. 3103; C.S., sec. 5371; I.C.A., sec. 54-507.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 5 - TRANSFERS IN GENERAL › Section 55-508 - COINTERESTS DEEMED TO BE IN COMMON.

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.
History:
[(55-508) 1863, p. 528, sec. 42; R.S., sec. 2907; reen. R.C. & C.L., sec. 3104; C.S., sec. 5372; I.C.A., sec. 54-508.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 6 - TRANSFER OF REAL PROPERTY › Section 55-601 - CONVEYANCE — HOW MADE.

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 on such instrument.
History:
[(55-601) 1863, p. 528, sec. 1; R.S., sec. 2920; reen. R.C. & C.L., sec. 3105; C.S., sec. 5373; I.C.A., sec. 54-601; am. 1973, ch. 284, sec. 1, p. 600; am. 1989, ch. 105, sec. 1, p. 238.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 6 - TRANSFER OF REAL PROPERTY › Section 55-602 - CONVEYANCE BY ATTORNEY IN FACT.

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.
History:
[(55-602) R.S., sec. 2925; reen. R.C. & C.L., sec. 3110; C.S., sec. 5374; I.C.A., sec. 54-602.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 6 - TRANSFER OF REAL PROPERTY › Section 55-603 - EASEMENTS PASS WITH PROPERTY — EASEMENTS IN GROSS OF A COMMERCIAL CHARACTER.

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 manner and to the same extent as such property was obviously and permanently used by the person whose estate is transferred, for the benefit thereof, at the time when the transfer was agreed upon or completed.
(2) Easements in gross of a commercial character, whether existing or created in the future, may be transferred, assigned, or conveyed in accordance with the express language of the instrument. As used in this section, "easement in gross of a commercial character" means an easement that is a personal interest in or right to use the land of another:
(a) For the transmission or distribution of water, sewer, natural gas, or petroleum products;
(b) For the provision of telephone or data service;
(c) For the transmission, distribution, or transformation of electricity; or
(d) For purposes of commercial agricultural uses, including without limitation grazing of livestock, farming, and propagation and harvest of timber crops.
History:
[(55-603) R.S., sec. 2926; reen. R.C. & C.L., sec. 3111; C.S., sec. 5375; I.C.A., sec. 54-603; am. 2022, ch. 276, sec. 1, p. 885.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 6 - TRANSFER OF REAL PROPERTY › Section 55-604 - FEE PRESUMED TO PASS.

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.
History:
[(55-604) 1863, p. 528, sec. 43; R.S., sec. 2927; reen. R.C. & C.L., sec. 3112; C.S., sec. 5376; I.C.A., sec. 54-604.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 6 - TRANSFER OF REAL PROPERTY › Section 55-605 - ACQUISITION OF SUBSEQUENT TITLE BY GRANTOR.

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.
History:
[(55-605) 1863, p. 528, sec. 32; R.S., sec. 2928; reen. R.C. & C.L., sec. 3113; C.S., sec. 5377; I.C.A., sec. 54-605.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 6 - TRANSFER OF REAL PROPERTY › Section 55-606 - CONCLUSIVENESS OF CONVEYANCE — BONA FIDE PURCHASERS.

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 valuable consideration, acquires a title or lien by an instrument or valid judgment lien that is first duly recorded.
History:
[(55-606) R.S., sec. 2929; reen. R.C. & C.L., sec. 3114; C.S., sec. 5378; I.C.A., sec. 54-606; am. 1989, ch. 107, sec. 1, p. 247.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 6 - TRANSFER OF REAL PROPERTY › Section 55-607 - UNAUTHORIZED GRANT BY LIFE TENANT.

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 lawfully transfer.
History:
[(55-607) R.S., sec. 2930; reen. R.C. & C.L., sec. 3115; C.S., sec. 5379; I.C.A., sec. 54-607.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 6 - TRANSFER OF REAL PROPERTY › Section 55-608 - DEFEAT OF GRANT ON CONDITION SUBSEQUENT.

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, by grant duly acknowledged for record.
History:
[(55-608) R.S., sec. 2931; reen. R.C. & C.L., sec. 3116; C.S., sec. 5380; I.C.A., sec. 54-608.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 6 - TRANSFER OF REAL PROPERTY › Section 55-609 - GRANT ON CONDITION PRECEDENT.

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. Upon compliance with the condition, the grantee is entitled to a grant or conveyance, from the grantor or his successors, for the property, duly acknowledged for record.
History:
[(55-609) R.S., sec. 2932; reen. R.C. & C.L., sec. 3117; C.S., sec. 5381; I.C.A., sec. 54-609.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 6 - TRANSFER OF REAL PROPERTY › Section 55-610 - GRANT OF RENTS, REVERSIONS, OR REMAINDERS.

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.
History:
[(55-610) 1863, p. 528, sec. 47; R.S., sec. 2933; reen. R.C. & C.L., sec. 3118; C.S., sec. 5382; I.C.A., sec. 54-610.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 6 - TRANSFER OF REAL PROPERTY › Section 55-611 - GRANT OF LAND BOUNDED BY HIGHWAY.

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.
History:
[(55-611) R.S., sec. 2934; reen. R.C. & C.L., sec. 3119; C.S., sec. 5383; I.C.A., sec. 54-611.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 6 - TRANSFER OF REAL PROPERTY › Section 55-612 - COVENANTS IMPLIED FROM 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 grantee, his heirs and assigns, are implied, unless restrained by express terms contained in such conveyance:
1. That previous to the time of the execution of such conveyance, the grantor has not conveyed the same estate, or any right, title or interest therein, to any person other than the grantee.
2. That such estate is at the time of the execution of such conveyance free from encumbrances done, made or suffered by the grantor, or any person claiming under him. Such covenants may be sued upon in the same manner as if they had been expressly inserted in the conveyance.
History:
[(55-612) 1863, p. 528, sec. 50; R.S., sec. 2935; reen. R.C. & C.L., sec. 3120; C.S., sec. 5384; I.C.A., sec. 54-612.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 6 - TRANSFER OF REAL PROPERTY › Section 55-613 - ENCUMBRANCES DEFINED.

55-613. ENCUMBRANCES DEFINED. The term "encumbrances" includes taxes, assessments, and all liens upon real property.
History:
[(55-613) R.S., sec. 2936; reen. R.C. & C.L., sec. 3121; C.S., sec. 5385; I.C.A., sec. 54-613.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 6 - TRANSFER OF REAL PROPERTY › Section 55-614 - LINEAL AND COLLATERAL WARRANTIES ABOLISHED.

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 answerable upon such covenant or agreement to the extent of the land descended or devised to them, in the cases and in the manner prescribed by law.
History:
[(55-614) 1863, p. 528, sec. 49; R.S., sec. 2937; reen. R.C. & C.L., sec. 3122; C.S., sec. 5386; I.C.A., 54-614.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 6 - TRANSFER OF REAL PROPERTY › Section 55-615 - SOLAR EASEMENTS.

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 conveyancing and instrument recording requirements as other easements.
(2) Any instrument creating a solar easement shall include, but the contents shall not be limited to:
(a) The vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property subject to the solar easement;
(b) Any terms or conditions or both under which the solar easement is granted or will be terminated;
(c) Any provisions for compensation of the owner of the property benefiting from the solar easement in the event of interference with the enjoyment of the solar easement or compensation of the owner of the property subject to the solar easement for maintaining the solar easement.
(3) A solar easement shall be presumed to be attached to the real property on which it was first created, and shall be deemed to pass with the property when title is transferred to another owner as prescribed in section 55-603, Idaho Code.
History:
[55-615, added 1978, ch. 294, sec. 1, p. 741.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 6 - TRANSFER OF REAL PROPERTY › Section 55-617 - APPURTENANT WATER RIGHTS AND WATER ENTITLEMENTS AND OBLIGATIONS PASS WITH PROPERTY.

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 resources pursuant to chapter 2, title 42, Idaho Code, or established by the constitutional method of appropriation, and that are owned by the seller and are not reserved by the seller in the instrument of conveyance.
(2) A transfer of real property included in an irrigation district that operates pursuant to title 43, Idaho Code, to which the district has apportioned the right to receive water from the district’s water rights, passes the statutory rights and obligations of the property relative to the district’s distribution of water and assessments.
(3) A transfer of real property included in a city irrigation system that operates pursuant to chapter 18, title 50, Idaho Code, to which the city has apportioned the right to receive water from the city’s water rights, passes the statutory rights and obligations of the property relative to the distribution of water and assessments.
(4) A transfer of real property included in a ground water district that operates pursuant to chapter 52, title 42, Idaho Code, to which the district has levied assessments or apportioned mitigation plan obligations, passes the statutory rights and obligations of the property relative to such assessments and obligations.
(5) A transfer of real property that is entitled to receive water from the water rights of a canal company, ditch company, association, or other water delivery entity, passes the rights and obligations of the property relative to the entity’s distribution of water and assessments as evidenced by stock ownership, or other evidence of an entitlement to receive water, subject to the bylaws of the water delivery entity.
(6) A transfer of real property does not pass water rights or water entitlements and obligations that are not appurtenant to the real property.
History:
[(55-617) 55-616, added 2022, ch. 267, sec. 1, p. 857; am. and redesig. 2023, ch. 218, sec. 20, p. 643.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 6 - TRANSFER OF REAL PROPERTY › Section 55-618 - INTERNAL ACCESSORY DWELLING UNITS — RESTRICTIVE COVENANTS PROHIBITED.

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 declared to be against public policy and is void and unenforceable. Any person attempting to create or enforce such a covenant shall be liable for any attorney’s fees, court costs, and any other damages incurred by the other party. The provisions of this section shall not be construed to protect more than one (1) internal accessory dwelling unit per homestead.
(2) This section does not apply to a restrictive covenant against internal accessory dwelling units entered into prior to July 1, 2023.
History:
[55-618, added 2023, ch. 265, sec. 2, p. 792.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 8 - RECORDING TRANSFERS › Section 55-801 - WHAT MAY BE RECORDED.

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.
History:
[(55-801) R.S., sec. 2990; reen. R.C. & C.L., sec. 3149; C.S., sec. 5413; I.C.A., sec. 54-801.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 8 - RECORDING TRANSFERS › Section 55-802 - RECORDING JUDGMENTS.

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.
History:
[(55-802) R.S., sec. 2991; reen. R.C. & C.L., sec. 3150; C.S., sec. 5414; I.C.A., sec. 54-802.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 8 - RECORDING TRANSFERS › Section 55-803 - UNITED STATES PATENTS.

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 be recorded without further proof.
History:
[(55-803) R.S., sec. 2992; reen. R.C. & C.L., sec. 3151; C.S., sec. 5415; I.C.A., sec. 54-803; am. 1981, ch. 59, sec. 1, p. 88.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 8 - RECORDING TRANSFERS › Section 55-804 - NOTICES OF LOCATION.

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.
History:
[(55-804) R.S., sec. 2993; reen. R.C. & C.L., sec. 3152; C.S., sec. 5416; I.C.A., sec. 54-804.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 8 - RECORDING TRANSFERS › Section 55-805 - ACKNOWLEDGMENT NECESSARY TO AUTHORIZE RECORDING.

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 secretary or assistant secretary, or other person executing the same on behalf of the corporation, or if executed in the name of the state of Idaho or any county, political subdivision, municipal, quasi-municipal, or public corporation, by one (1) or more of the officers of such state, county, political subdivision, municipal, quasi-municipal, or public corporation executing the same, or if executed in a partnership name, by one (1) or more of the partners who subscribed the partnership name thereto, or if executed by a limited liability company, by the manager, member or other person executing the same on behalf of the limited liability company, or the execution must be proved and the acknowledgment or proof, certified in substantially the manner prescribed by chapter 1, title 51, Idaho Code; provided, that if such instrument shall have been executed and acknowledged in any other state or territory of the United States, or in any foreign country, according to the laws of the state, territory or country wherein such acknowledgment was taken, the same shall be entitled to record, and a certificate of acknowledgment indorsed upon or attached to any such instrument purporting to have been made in any such state, territory or foreign country, shall be prima facie sufficient to entitle the same to such record.
(2) (a) The validity of an instrument recorded prior to July 1, 2017, shall not be affected by the failure of a notary public to perform a duty or meet a requirement specified in chapter 1, title 51, Idaho Code. Such a failure does not invalidate a notarial act performed by the notary public.
(b) The validity of a notarial act complying with the provisions of chapter 1, title 51, Idaho Code, does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking remedies authorized by federal or state law other than the provisions of chapter 1, title 51, Idaho Code.
(c) This subsection does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts.
History:
[(55-805) R.S., sec. 2994; am. 1907, p. 6, sec. 1; reen. R.C. & C.L., sec. 3153; C.S., sec. 5417; am. 1923, ch. 144, sec. 3, p. 209; am. 1929, ch. 183, sec. 6, p. 94; I.C.A., sec. 54-805; am. 1937, ch. 176, sec. 3, p. 291; am. 1999, ch. 213, sec. 4, p. 571; am. 2017, ch. 192, sec. 13, p. 457; am. 2021, ch. 283, sec. 1, p. 857.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 8 - RECORDING TRANSFERS › Section 55-806 - POWER MUST BE RECORDED BEFORE CONVEYANCE BY ATTORNEY.

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.
History:
[(55-806) R.S., sec. 2995; reen. R.C. & C.L., sec. 3154; C.S., sec. 5418; I.C.A., sec. 54-806.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 8 - RECORDING TRANSFERS › Section 55-807 - RECORDER’S FEE TO BE ENDORSED ON INSTRUMENT AND RECORD.

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.
History:
[(55-807) R.S., sec. 2996; reen. R.C. & C.L., sec. 3155; C.S., sec. 5419; I.C.A., sec. 54-807.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 8 - RECORDING TRANSFERS › Section 55-808 - PLACE OF RECORD.

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.
History:
[(55-808) 1863, p. 528, sec. 23; R.S., sec. 2997; reen. R.C. & C.L., sec. 3156; C.S., sec. 5420; I.C.A., sec. 54-808.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 8 - RECORDING TRANSFERS › Section 55-809 - WHEN DEEMED RECORDED.

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.
History:
[(55-809) R.S., sec. 2998; reen. R.C. & C.L., sec. 3157; C.S., sec. 5421; I.C.A., sec. 54-809.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 8 - RECORDING TRANSFERS › Section 55-810 - BOOKS OF 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.
History:
[(55-810) R.S., sec. 2999; reen. R.C. & C.L., sec. 3158; C.S., sec. 5422; I.C.A., sec. 54-810; am. 2005, ch. 243, sec. 9, p. 761.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 8 - RECORDING TRANSFERS › Section 55-811 - RECORD AS NOTICE.

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.
Every conveyance of real property acknowledged or proved, and certified, and recorded as prescribed by law, and which is executed by one who thereafter acquires an interest in said real property by a conveyance which is constructive notice as aforesaid, is, from the time such latter conveyance is filed with the recorder for record, constructive notice of the contents thereof to subsequent purchasers and mortgagees.
History:
[(55-811) 1863, p. 528, sec. 24; R.S., sec. 3000; reen. R.C. & C.L., sec. 3159; C.S., sec. 5423; I.C.A., sec. 54-811; am. 1941, ch. 119, sec. 1, p. 240.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 8 - RECORDING TRANSFERS › Section 55-812 - UNRECORDED CONVEYANCE VOID AGAINST SUBSEQUENT PURCHASERS.

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 a valuable consideration, whose conveyance is first duly recorded.
History:
[(55-812) 1863, p. 528, sec. 25; R.S., sec. 3001; reen. R.C. & C.L., sec. 3160; C.S., sec. 5424; I.C.A., sec. 54-812.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 8 - RECORDING TRANSFERS › Section 55-813 - CONVEYANCE DEFINED.

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 wills.
History:
[(55-813) 1863, p. 528, sec. 35; R.S., sec. 3002; reen. R.C. & C.L., sec. 3161; C.S., sec. 5425; I.C.A., sec. 54-813.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 8 - RECORDING TRANSFERS › Section 55-814 - REVOCATION OF POWER TO BE RECORDED.

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 acknowledged or proved, certified and recorded in the same office in which the instrument containing the power was recorded.
History:
[(55-814) 1863, p. 528, sec. 27; R.S., sec. 3003; reen. R.C. & C.L., sec. 3162; C.S., sec. 5426; I.C.A., sec. 54-814.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 8 - RECORDING TRANSFERS › Section 55-815 - UNRECORDED INSTRUMENTS VALID BETWEEN PARTIES.

55-815. UNRECORDED INSTRUMENTS VALID BETWEEN PARTIES. An unrecorded instrument is valid as between the parties thereto and those who have notice thereof.
History:
[(55-815) 1863, p. 528, sec. 23; R.S., sec. 3004; reen. R.C. & C.L., sec. 3163; C.S., sec. 5427; I.C.A., sec. 54-815.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 8 - RECORDING TRANSFERS › Section 55-816 - AFFIDAVITS.

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 a homestead, date of birth, date of death, date of marriage, or place of residence, with respect to any person mentioned in any recorded instrument affecting title to real property, and also any affidavit as to the identification of plats or descriptions of real property signed by the grantor and grantee named in the document of transfer which contains the descriptions being corrected or, if the grantor is not available, then the affidavit must be signed by the grantee and indexed under the name of both the grantor and grantee, may be recorded in the office of the county recorder of the county wherein the real property is situate; and any such recorded affidavit or the record or certified copy thereof whether heretofore or hereafter recorded shall constitute a part of the record of title to the real property to which it relates and may be received in evidence in any cause affecting the title to such real property, by all courts and all boards, and before all officers, in the state of Idaho as part of such record of title.
History:
[55-816, added 1945, ch. 84, sec. 1, p. 130; am. 2000, ch. 377, sec. 1, p. 1237.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 8 - RECORDING TRANSFERS › Section 55-817 - DURATION OF NOTICE.

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 a longer period than ten (10) years from the date of maturity of such obligation or indebtedness, as changed by extension, if any, of the time of payment, filed for record before the expiration of said period of ten (10) years, except as provided in section 2 hereof. If the public records do not disclose the date of maturity, then the date of the execution of such mortgage or lien shall be deemed the date of maturity of such obligation or indebtedness.
History:
[55-817, added 1935, ch. 107, sec. 1, p. 256; am. 1951, ch. 127, sec. 1, p. 295.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 8 - RECORDING TRANSFERS › Section 55-818 - RECORDING OF SUMMARY OF INSTRUMENT — EFFECT.

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 met. A summary of the instrument shall be signed and acknowledged by all parties to the original instrument. The summary of the instrument shall clearly state: the names of the parties to the original instrument, the complete mailing address of the grantee, the title and date of the instrument, a description of the interest or interests in real property created by the instrument, and the legal description of the property. Other elements of transaction may be stated in the summary. If the requirements of this section are met, the summary of the instrument may be recorded under the provisions of this chapter and, as to the contents of the summary only, it shall have the same force and effect as if the original instrument had been recorded, and constructive notice shall be deemed to be given concerning the contents of the summary and the existence of the instrument to any subsequent purchasers, mortgagees or other persons or entities that acquire an interest in the real property.
History:
[55-818, added 1987, ch. 353, sec. 1, p. 786; am. 1989, ch. 105, sec. 2, p. 238.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 8 - RECORDING TRANSFERS › Section 55-819 - REQUIREMENTS REGARDING A REQUEST FOR NOTICE OF TRANSFER OR ENCUMBRANCE — RULEMAKING.

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 pursuant to section 56-225, Idaho Code:
(a) When a title insurance company or agent discovers the presence of a request for notice of transfer or encumbrance recorded in the real property records in the county in which the property described in such notice is located while performing a title search on such property and any individual identified in such notice is the record owner of such property, the title insurance company or agent shall disclose the presence of the request for notice of transfer or encumbrance in any commitment to offer to issue a title insurance product to insure title to such real property; and
(b) If, after the date of the recording the request for notice of transfer or encumbrance described in subsection (1)(a) of this section, the individual identified in such request for notice transfers or encumbers real property described in such filing, such individual, his agent or family member shall provide the department of health and welfare with a notice of transfer or encumbrance within ten (10) days after the date of the transfer or encumbrance. For the purposes of this subsection (1)(b), a title insurance company or agent shall not be deemed or appointed an agent of the individual identified in the request for notice of transfer or encumbrance. The department of health and welfare shall adopt by rule a model form for notice of transfer or encumbrance to be used by said individual when notifying the department.
(2) If the department of health and welfare has caused to be recorded a termination of request for notice of transfer or encumbrance in the grants and conveyances records pursuant to section 56-225, Idaho Code, or if no individual identified in the request for notice of transfer or encumbrance is the record owner of the real property described therein, the title insurance company or agent is not required to disclose the notice of transfer or encumbrance as required by subsection (1)(a) of this section, and an individual transferring or encumbering the real property after the date of such recording is not required to provide the notice of transfer or encumbrance required by subsection (1)(b) of this section.
(3) The notice of transfer or encumbrance described in subsection (1)(a) of this section is personal to the individual named therein and shall not constitute a lien or encumbrance on, or prevent the transfer or encumbrance of, the property described therein. A title insurance company or agent shall have no liability to the department of health and welfare or any person or entity for failing to discover, or for disclosing, the request for notice of transfer or encumbrance as required by subsection (1)(a) of this section.
History:
[55-819, added 2010, ch. 90, sec. 1, p. 174.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 8 - RECORDING TRANSFERS › Section 55-820 - PROHIBITION AND REMOVAL OF RESTRICTIVE COVENANTS.

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 references any such restrictive covenant. The person who prepares or submits a deed for recordation has the responsibility for ensuring that such a restrictive covenant is not referenced in the deed prior to such deed being submitted for recordation. Any deed that is recorded in the land records on or after July 1, 2022, that mistakenly contains such a restrictive covenant shall nevertheless constitute a valid transfer of real property but without any effect given to the prohibited language.
History:
[55-820, added 2022, ch. 159, sec. 2, p. 548.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 9 - UNLAWFUL TRANSFERS › Section 55-901 - FRAUDULENT CONVEYANCES OF LAND.

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, is void as against every purchaser or encumbrancer, for value, of the same property, or the rents or profits thereof.
History:
[(55-901) 1863, p. 540, sec. 1; R.S., sec. 3015; reen. R.C. & C.L., sec. 3164; C.S., sec. 5428; I.C.A., sec. 54-901.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 9 - UNLAWFUL TRANSFERS › Section 55-902 - GRANTEE MUST BE PRIVY TO FRAUD.

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 made was privy to the fraud intended.
History:
[(55-902) 1863, p. 540, sec. 2; R.S., sec. 3016; reen. R.C. & C.L., sec. 3165; C.S., sec. 5429; I.C.A., sec. 54-902.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 9 - UNLAWFUL TRANSFERS › Section 55-903 - POWER OF REVOCATION — WHEN DEEMED EXECUTED.

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, by the person having the power of revocation, in favor of a purchaser or encumbrancer for value, operates as a revocation of the original instrument, to the extent of the power, in favor of such purchaser or encumbrancer.
History:
[(55-903) 1863, p. 540, sec. 4; R.S., sec. 3017; reen. R.C. & C.L., sec. 3166; C.S., sec. 5430; I.C.A., sec. 54-903.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 9 - UNLAWFUL TRANSFERS › Section 55-904 - POWER OF REVOCATION NOT SUBJECT TO EXERCISE BEFORE GRANT — WHEN DEEMED EXECUTED.

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 described in that section, the power is deemed to be executed as soon as he is entitled to execute it.
History:
[(55-904) 1863, p. 540, sec. 5; R.S., sec. 3018; reen. R.C. & C.L., sec. 3167; C.S., sec. 5431; I.C.A., sec. 54-904.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 9 - UNLAWFUL TRANSFERS › Section 55-905 - FRAUDULENT TRANSFERS OF PERSONALTY.

55-905. FRAUDULENT TRANSFERS OF PERSONALTY. All deeds of gift, all conveyances, and all transfers or assignments, oral or written, of goods, chattels, or things in action, made in trust for the use of the person making the same, are void as against the creditors, existing or subsequent, of such person. However, a settlor’s retained right to receive distributions from a trust in an amount equal to or less than the federal and state income tax liability incurred by such settlor as a result of such trust being characterized as a grantor trust pursuant to the rules of the Internal Revenue Code of 1986, as amended, sections 671 through 679, inclusive, shall not be considered a deed of gift, conveyance, transfer or assignment that is made in trust for the use of the person making the same.
History:
[(55-905) 1863, p. 540, sec. 11; R.S., sec. 3019; reen. R.C. & C.L., sec. 3168; C.S., sec. 5432; I.C.A., sec. 54-905; am. 2007, ch. 68, sec. 5, p. 182.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 9 - UNLAWFUL TRANSFERS › Section 55-906 - TRANSFERS IN FRAUD OF CREDITORS.

55-906. TRANSFERS IN FRAUD OF CREDITORS. Every transfer of property, or charge thereon made, every obligation incurred, and every judicial proceeding taken, with intent to delay or defraud any creditor or other person of his demands, is void against all creditors of the debtor and their successors in interest, and against any person upon whom the estate of the debtor devolves in trust for the benefit of others than the debtor.
History:
[(55-906) 1863, p. 540, sec. 18; R.S., sec. 3020; reen. R.C. & C.L., sec. 3169; C.S., sec. 5433; I.C.A., sec. 54-906.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 9 - UNLAWFUL TRANSFERS › Section 55-907 - TRANSFERS IN FRAUD OF CREDITORS — DELIVERY AND CHANGE OF POSSESSION.

55-907. TRANSFERS IN FRAUD OF CREDITORS — DELIVERY AND CHANGE OF POSSESSION. Every transfer of personal property other than a thing in action, and every lien thereon, other than (a) any transfer in connection with security interest created under the Uniform Commercial Code, is presumed, if made by a person having at the time the possession or control of the property, and not accompanied by an immediate delivery and followed by an actual and continued change of possession of the things transferred, to be fraudulent, and therefore void, against those who are his creditors while he remains in possession, and the successors in interests of such creditor, and against any persons on whom his estate devolves in trust for the benefit of others than himself, and against purchasers or encumbrancers in good faith subsequent to the transfer.
History:
[(55-907) 1863, p. 540, sec. 15; R.S., sec. 3021; reen. R.C. & C.L., sec. 3170; C.S., sec. 5434; I.C.A., sec. 54-907; am. 1967, ch. 272, sec. 27, p. 745.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 9 - UNLAWFUL TRANSFERS › Section 55-908 - FRAUD IS A QUESTION OF FACT.

55-908. FRAUD IS A QUESTION OF FACT. In all cases arising under the provisions of chapters 5 to 9 inclusive, of this title, the question of fraudulent intent is one of fact, and not of law; nor can any transfer or charge be adjudged fraudulent solely on the ground that it was not made for a valuable consideration.
History:
[(55-908) 1863, p. 540, sec. 20; R.S., sec. 3022; reen. R.C. & C.L., sec. 3171, C.S., sec. 5435; I.C.A., sec. 54-908; am. 1967, ch. 272, sec. 28, p. 745.]