An Idaho special warranty deed transfers possession of a property to a buyer (the “grantee”) with the promise that the land is free of any encumbrances made by the seller (the “grantor”). An encumbrance is a third-party claim against the property’s title, such as a mortgage, easement, or lien. The grantor also guarantees that they are the property owner and have the legal right to transfer the title. The receiving party of a special warranty deed should be aware that the covenants therein only protect against defects caused by the grantor; if a title issue arises as a result of a prior owner, the grantee will be responsible for resolving it.
- Statutes: § 55-612
- Formatting: §§ 55-601, 31-3205(6)
- Signing Requirements (§ 55-805): Notary Public
- Where to Record (§ 55-808): County Recorder
- Recording Fees: (§ 31-3205(b)(i)): $15 for the first thirty (30) pages; $3 for each additional page.
- Residential Property Disclosure Statement (§ 55-2504) – Any property owner intending to sell their real property must complete and give this document detailing the property’s known material defects to potential buyers.