An Idaho deed is a conveyance instrument that transfers a property title from a grantor to a grantee. After a real estate purchase agreement has been negotiated and signed, the property’s ownership must still be conveyed from the owner to the buyer through a deed. Once complete, the deed is recorded with the county recorder for the county where the property is located.
Idaho law also permits the creation of a “deed of trust” that is used when one party has lent money towards the borrower’s purchase of real estate. Under a deed of trust, the property title will be held by a trustee until the lender has been repaid.
Deed of Trust – Transfers property interest to a third party as security for a loan. Interest is transferred back to the owner once the loan has been repaid.
General Warranty Deed – Gives the grantee the assurance that the property title has no encumbrances or liens.
Quit Claim Deed – A legal document that transfers property without any guarantees on the title being free of claims.
Special Warranty Deed – Unlike the “general” warranty, this type only guarantees that the deed has no encumbrances from the grantor’s ownership.
- Statutes: Title 55, Chapter 6 – Transfer of Real Property
- Formatting: §§ 55-601, 31-3205(6)
- Signing Requirements (§ 55-805): Notary Public
- Where to Record (§ 55-808): County Recorder
- Recording Fees:
- Residential Property Disclosure Statement (§ 55-2504) – This disclosure, which must contain specific language per § 55-2508, must be completed by a property owner who wishes to sell their property and furnished to potential buyers.