That May Be Recorded
Code is basically silent on the subject of describing the specific
duties of a recorder, and relies upon over 115 disjointed code
sections to describe those instruments that "may" be or "should" be recorded. I.C. 312402,
entitled "Instruments to be recorded", is a recorder' s starting
point in beginning to understand and set forth the nature of their
position and authority. The section begins with the following statement:
"He must, upon the payment
of his fees for the same, record separately, in large and
well-bound separate books, in legible handwriting, typewriting
or by photographic reproduction:...."
1.("Deeds, grants, transfers) and
mortgages of real estate, releases of mortgages, powers of attorney to
convey real estate and leases which have been acknowledged or proved." (I.C.
(1) "Conveyance" - I.C.
55-601 states that "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 his authorized agent, which includes the name of the
grantee and the grantee's complete mailing address. Idaho does not have
a statutory deed format. A conveyancing document is a "warranty deed"
by virtue of words of warrant .,being included in the instrument. A
"quit claim deed" is a conveyancing instrument that does not
make any warranties and simply releases the grantor's current
right, title and interest. Un er I.C. 55-561 , the use of the-verb "grant" as
a word of conveyance warrants that the grantor has not previously
conveyed the property to another and that it is free and clear.
(2) "Mortgages" - I.C.
45-901 defines a mortgage as a contract by which property is hypothecated
(pledged) for the performance of an act. It must be in writing, and
executed with the same formalities as a conveyance (I.C. 45-902). However,
a mortgage in Idaho creates only a lien and is not a transfer of title
(I.C. 45903 and 906). The party granting the lien is known as the "mortgagor",
and the party receiving the lien interest as security for performance
of the act (usually a financial debt obligation) is known as the "mortgagee".
A "release" of a mortgage is a document executed by the mortgagee (secured
party), indicating that the obligation has been discharged. I.C. 45-914
describes releases as "certificates of discharge". The term "satisfaction" is
also customarily used to mean the discharge of an obligation.
(3) "Power of Attorney"
- A power of attorney is a written document in which the party executing
the document appoints a named party or parties to act as his or her
"attorney-in-fact", with the express authority to execute the
appointing party's signature. This would include mortgages under
I.C. 45-908. If the power to execute is recorded, a future revocation
of that power it must be recorded to be effective. (55-814).
I.C. (55-806) Requires
that the power-of-attorney be recorded before executed document is recorded.
(4) "Leases" A leasehold
estate is a type of estate in real property that expires at a known
date in the future. A "lease" would be a written conveyance document
meeting the requirements of I.C. 55-601, that purports to transfer a
leasehold estate from the grantor to the named grantee. The grantor
is often referred to as the "lessor" or "landlord". The grantee may
be referred to as the "lessee" or "tenant". Most leases will
also contain contract language and be signed by both of the parties
to the contract.
b. What may be recorded
as a "grant
or transfer of real estate" (Title 55, Chapter 8, Idaho Code)
(1) I.C. 55-801
states that "any instrument or judgment affecting
the title or possession of real property may be recorded
under this chapter" (emphasis added).
In Maxwell v. Twin Falls Canal Co. , 49 Idaho 806, 292
P. 232 (1930), the Idaho Supreme Court ruled that the term "instrument" did
not include a document executed by a "stranger to title". The phrase
"stranger to title" means someone that is not part of the chain
Affecting Title - I.C. 55802 provides that court judgments
affecting either title to or possession of real property
are recordable transfers. The judgment document must be
authenticated by the certificate of the clerk of the court
in which the judgment was rendered. However, it does not
need to be acknowledged to be recordable (discussed below).
I.C. 31-2407 also directs the recorder to record certified
copies of judgments that "partition" or affect title or possession of real property, including
water rights. "Judgments" would be one document that the recorder's
staff would have to review the actual content of the document
to determine if it is a judgment affecting title to real property.
At a minimum, the judgment would need to contain some type of legal
(a) "Partition Actions-
I.C. 312408 specifically provides for the recording of judgments in
partition actions. "Partition" is a court action brought by someone
who is a tenant-in-common or joint tenant with one or more other parties
in the ownership of real property to have the court terminate the
common ownership and define the singular (severalty) ownership of
the requesting party or parties (I.C. 6-501 et. seq.). Prior to "partition"
by the court, the parties to a common ownership have "undivided interests".
The recorded judgment acts as a conveyance of the new descriptions.
(b) "Water Rights"
- Idaho is an "appropriation" state when it comes to the subject of
water rights. As a general rule, all water belongs to the "people".
An individual property owner may appropriate (divert) the public's
water to a beneficial use on the property owner's land. When there
is conflict between appropriators over who has priority to use the
public's water, the court is often asked to "adjudicate" the
competing claims (I.C. 42-1401 et. seq.). A court order in
a water rights adjudication would specifically be recordable
as a judgment affecting real property.
(c) "Quiet Title Actions"
- I.C. 6401 states that any adverse claim to real property other than
water rights issues shall be considered a "quiet title action". Most
properly recordable judgments affecting title to real property will
be issued in quiet title actions. Unfortunately, the judgment will
not likely be called a quiet title action judgment".
(d) "Condemnation Actions"
- I.C. 7701 et. seq. deals with the subject of eminent domain and
condemnation actions. "Eminent domain" is the ability of the government
to take private property rights for public purposes by paying just
compensation. If the property owner resists such a request, the government
entity must commence a condemnation action in court. The final order
of condemnation must be "filed" in the recorder's office (I.C. 7-716).
The order serves @s a conveyance to the governmental entity. Public
highway condemnations are controlled by I.C. 40-2302, and require
the "filing and recording" of a certified copy of the decree
in the recorder's office.
(3) United States
Patents - I.C. 55-803 includes U.S. patents as recordable
real estate transfers. This includes geothermal resources
and mineral rights granted by the United States. Recorders
will likely see more requests for the recording of patents
due to the apparent belief by "constitutionalists" that patented
title is the only proper form of title. It should be noted that patents
are issued by agencies of the federal government and not by private
parties alleging to be "freeholders" or successors in interest to government
lands (see "what should not be recorded", discussed below).
(4) "Notices of Location"
- I.C. 55-804 provides that certificates and notices of location that
are authorized by law, with the affidavits attached, may be recorded
as a recordable transfer. No acknowledgment or further proof is necessary.
While the author is not exactly sure what the legislature meant by the
term "certificates and notices of location", the following are some
statutory provisions that seem to deal with the concept of "location":
(a) "Carey Act Water
Rights" - The Carey Act is a federal law that deals with land acquisition
associated with improvement of the land. The concept of irrigation
is a major part of the acquisition process. I.C. 42-2502 recognizes
the ability to record instruments associated with "use and location"
of water rights associated with Carey Act lands. The instrument reciting
such locations and transfers must be acknowledged in the same manner
as a deed, and "shall bell recorded in the county where the
land is situated.
(b) "Mining Claims"
- I.C. 47-604 provides that within 90 days of the locating of a mining
claim, the locator must "file for record" in the office of
the county recorder a notice of location. Failure to file is
considered an abandonment of the claim.
(5)Affidavits" - I.C.
55-816 includes various types of affidavits under the chapter heading
of "recordable transfers of real property" that are in "respect to any
person mentioned in any recorded instrument affecting the statement
of assertions made by the "affiant" under oath. This is normally done
before a notary public using the jurat "sworn to and subscribed before
me this_ day of r 19__. (see acknowledgments, below). A document entitled
an affidavit that uses an acknowledgment jurat would not be a proper
"affidavit". The following is an item by item analysis of the
various recordable affidavits described in I.C. 55-816:
showing or explaining marital status"
(b) "Identity of
(c) "Possession of
real property when the title thereof is proven through
(d) "delivery of
a deed by grantor during grantor's lifetime,,
(e) "occupation of real
property as a homestead"
(f) "date of birth"
(g) "date of death"
(h) "date of marriage"
(i) "place of residence"
(j) "plats & legal
(6) "Summaries of Instruments"
- I.C. 55-( 816 includes "a summary of any instrument creating an interest
in, or affecting the title to or possession of real property" as
a recordable transfer of real estate. The summary must be signed
and acknowledged by all parties to the original instrument (emphasis added). The
summary must state the following
(a) "name of the parties
to the original instrument",
(b) "complete mailing address
of the grantee",
(c) "title & date of
(d) "a description of the interests
created by the instrument", and
(e) "legal description of the
c. Requirement of Acknowledgment
- I.C. 55-805 provides that unless otherwise expressly provided, the execution
of an instrument must be acknowledged by the person executing the instrument
before it is recordable. Most transfer instruments will have to be properly
acknowledged to be recordable.
(1) "Capacity" -
Under I.C. 55-801 and the Title 55, Chapter 7, Idaho Code,
dealing with the specific acknowledgment jurats to be used,
the status or capacity of the party executing the instrument
(2) Procedure - Title
55, Chapter 7, Idaho Code, sets forth the procedure and the persons
authorized to do acknowledgments and proofs of execution.
(a) "Within Idaho"
- I.C. 55-701 & 702 provide that within the state and within
an official's jurisdictional area, the following parties may
do acknowledgments and proofs of execution:
1.Justices and clerks
of the Supreme Court.
2. Notaries public.
3. Secretary of State
4. U.S. Commissioners
5. Judges and clerks of a court
6. County recorder
7. Justice of the peace
I.C. 55-706 further
provides that appointed deputies of such officials may also do acknowledgments
and proofs of execution.
(b) Outside Idaho in
the U.S. - I.C. 55-703 provides that the following people may effectuate
an acknowledgment or proof of execution outside of Idaho and within
the United States:
1. Justice, judge
or clerk of any court of record.
2. State commissioners appointed
by their governor for such purpose.
3. Notary public.
4. Any officer authorized by
the laws of a state or territory to do acknowledgments.
I.C. 55-805 provides
that an acknowledgment executed according to the laws of another
state or territory shall be recordable and that the certificate
shall be prima facie sufficient. This would appear to apply to any
variations in the use of notary seals and stamps.
(c) Outside the United
States - I.C. 55-704 provides for a long list of persons who can act
in foreign countries.
(d) Members of the
Armed Forces I.C. 55-705 provides that any officer of a military component
can acknowledge the execution of an instrument by a member of the
armed forces of the United States, both within and without the United
States. The recital is prima facie sufficient.
(e) Requisites - I.C.
55-707 provides that the officer taking the acknowledgment must know
or have satisfactory evidence that the person making the acknowledgment
is the person described in the instrument, including representations
of capacity. The proper certificate must be used, and the officer
must authenticate the certificate by placing their signature and official
seal, if the law or their jurisdiction requires official seals. Proofs
can be taken from persons other than the person executing instrument
(I.C. 55-718 thru 724).
d. Place of Recordation
- I.C. 55-808 states that instruments entitled to be recorded must be
recorded in the county in which the affected real property is situated.
f. Books of Record - I.C. 55-810 provides
that grants and conveyances are to be recorded in one set of books, and
mortgages in another set.
g. Specific Instruments:
(1) "Mortgages and Releases"
- As previously discussed, mortgages of real property are controlled
by Title 45, Chapters 9 & 10, of the Idaho Code.
(a) "Any interest in
Real Property": I.C. 45-1001 provides that any interest in
real property that is transferable is eligible to be mortgaged.
- I.C. 45-1003 specifically requires that mortgages be acknowledged
to be recordable.
Form - I.C. 45-1004 allows for the recording of a master
format that can later be referred to and incorporated
by reference into specific mortgage agreements. The code
section provides that master forms are viewed as a "conveyance" with
reference to such matters as indexing and fees.
(d) Assignment - I.C.
45-909 provides that an assignment of a mortgage may be recorded if
it meets the recording requirements of a mortgage.
(e) Discharge - Discharge
of a mortgage means that the obligation has been satisfied and the
lien released. This may be accomplished in two ways:
1. "Margin Entry" -
I.C. 45-912 provides that the mortgagee may sign a
margin entry on the recorded mortgage document indicating
satisfaction under oath before the recorder. The statute
also provides for a certificate for the oath.
2. "Discharge Certificate":
I.C. 45-913 provides
for the recording of a discharge certificate executed by the mortgagee.
(2) Trust Deeds
(Deeds of Trust) - Not to be confused with a deed that
transfers title to real property into an established trust.
A "trust deed" is an instrument
executed in conformance with Title 45, Chapter 15, of the Idaho Code,
conveying real property to a statutorily recognized trustee to secure
the performance of an obligation (I.C. 45-1502(3)). Under I.C. 45-1003,
a trust deed must be acknowledged to be recordable. The grantor of a
trust deed is the property owner/debtor. Some documents refer to the
grantor as the "trustor". The trustee will be named in the document,
and by statute can be a bank, attorney, title insurance agent, or licensed
trust organization. It is customarily a title insurance agent (title
company). The creditor is referred to as the "beneficiary". The trustee
holds the lien created by the instrument (Idaho is a lien theory state),
for the benefit of the "beneficiary". At the request of the beneficiary,
the trustee can initiate foreclosure of the lien. In addition,
the statutory trust deed process creates other recordable instruments:
(a) Master Form - Much
like a mortgage, I.C. 45-1004 recognizes the ability to record a master
form of the trust deed and then refer to the master form in subsequent
(b) "Notice of Default"
- In the event of an allegation of delinquency made by the beneficiary
(creditor), the trustee must record a "Notice of Default" to begin
the foreclosure procedure (I.C. 45-1505). Under I.C. 45-1511, a party
may record a "request for a copy of notice of default". The
code section sets forth the necessary content of that document.
(c) "Trustee's Deed"
- In the event of an actual foreclosure sale, I.C. 45-1510 provides
for the recording of a "trustee's deed" to the purchaser at
- Whereas mortgages are discharged upon the full performance of the
obligation secured by the mortgage, trust deeds are "reconveyed" by
the trustee under I.C. 45-1514. The document is normally entitled
a "deed of reconveyance", and is recordable.
(e) "Appointment of
Successor Trustee" - Occasionally, it will be necessary for
the beneficiary (creditor) to appoint a successor trustee.
This document is recordable under I.C. 45-1504.
2. "Certificates of Marriage
and Marriage Contracts", I.C. 31-2402.2
a. "Certificates of
Marriage" - I.C. 32-306 provides that when a marriage has been solemnized
the person performing the solemnizing must give to each of the parties
a "certificate". I.C. 39-262 requires every person performing a wedding
ceremony to prepare in duplicate a "certificate of marriage", and
to file one copy with the county recorder for forwarding to the State
Dept. of Health & Welfare. I.C. 32407 also provides that the county
recorder shall "record" all returned marriage licenses.
b. "Marriage Contracts" -
I.C. 32-201 provides that marriage is a personal relation
arising out of a civil contract. While most couples entering
into a marriage do not draft and execute a contract concerning
their rights and obligations, such a process is certainly
permissible and apparently recordable.
(1) "Marriage Settlement
Agreement" -I.C. 32-916 provides that the property rights of a husband
and wife can be governed by a "marriage settlement agreement" entered
into prior to or during marriage. Such agreements must be
in writing and executed and acknowledged in the same manner
as conveyances (I.C. 32-917). If properly executed and acknowledged,
it may be recorded in every county in which real estate affected
by the contract is located (I.C. 32918). Failure to record
has the same effect as failing to record a conveyance (I.C.
c. "Affidavits of Marriage" -
As previously discussed, I.C. 55-816 provides that affidavits
explaining marital status and the date of marriage, with respect to any person
mentioned in any recorded instrument affecting title to real
property (emphasis added), may be recorded in the county where
the property is situated.
3. "Wills submitted to
probate" (I.C. 31-2402.3):
I.C. 15-3102 deals with
the subject of admitting a will to probate.
a. "Informal Probate"
- I.C. 15-3-301 provides for an administrative process for the informal
probate of a will before a "registrar". The action is commenced
by the filing of an application with the registrar. The registrar
will issue an order which would be the appropriate evidence
of the will having been probated (I.C. 15-3-307).
b. "Formal Probate" -
I.C. 15-3-401 provides for the formal probating of a
will in a court action. The action is commenced by the
filing of a petition with the court asking for a order
probating the will.
c. Probate Documents
- I.C. 15-1-305A provides for a number of probate documents which
are recordable if they affect title to real property:
of personal representatives (foreign and domestic)"
(2) "a statement
of informal probate,,
(3) "determination of
(4) "testacy proceeding
(5) "deeds, assignments,
releases or other instruments executed by an appointed personal
(6) "an affidavit of
a successor in interest"
(7) "testacy proceeding
decrees from other states"
4. "Official bonds"
(I.C. 31-2402.4) - Title 59, apter 8, of the Idaho Code deals with
the bonds of officers d public employees ("Surety Bond Act"). I.C.
59-809 provides that once an official bond is approved, it must be
recorded in a book kept for that purpose and entitled "Record of Official
Bonds". Although this code section uses the word "recorder", it does
not mention the office of the county recorder. In fact, I.C. 59-811
would appear to recognize that bonds can be "filed" with many differing
a. "Lis Pendens"
- Under I.C. 59-829 & 830, when a court action is commenced
against a bond, the clerk of court issues a certificate to
that effect and the county recorder must indorse it and record
it in the same manner as a lis pendens (discussed hereinafter).
b. "Expiration" -
I.C. 59-831 provides that the county recorder must
notify the county commissioners when the bond of a
county official or employee expires.
c. "Recorder's Bond" -
I.C. 31-2309 provides that the recorder's bond is filed
with the district court judge and an attested copy
5. "Notices of mechanic's
liens" (I.C. 31-2402.5): Mechanic's liens are controlled by Title
45, Chapter 5, of the Idaho Code. A "mechanic" is someone who
renders value to real property (I.C. 45-501). To the extent
that they are not properly compensated for their efforts, a
mechanic can claim a lien against the real property that he
or she has improved. I.C. 45-507 describes the claim of lien
notice that must be recorded to effectuate the lien. The statement
of demand must be verified under oath by the claimant. I.C.
45-509 provides that the county recorder must record such claims
in a book kept for that purpose and must index them in the
same way as conveyances. It would appear that the lien-notice
does not need to be acknowledged to be recordable.(Reference?????)V.
GVR ltd , 107 Idaho 1101, 695 P.2d 1240 (1985)f. The lien is only
good for claimant.
When suit is filed, a lis pendens recorded (discussed
below). I.C. 45-518 & 519 provides for a procedure
in which the lien can be released by posting a surety
bond with the court.
6. "Transcripts of
judgments which by law are made liens upon real estate" (I.C.
31-2402.6) - I.C. 10-1110 provides that any judgment or transcript
of a judgment, certified by the court clerk having custody
of the original judgment document, may be recorded in the recorder's
office, and becomes a lien once recorded. As a general rule,
the duration of the lienis
only five years, it can be renewed for five years by application
to the court (I.C. 10-1111). The "renewed judgment" may be
recorded in the same manner as the original judgment-* -C.
10-1306A provides for a process in which warrants from
other states ("foreign judgments")
can be filed with the court and then certified as original
filed foreign judgment recorded.
7. "Notices of attachments
upon real estate" (I.C. 31-2402.7) - The term "attachments" is
a word of art referring to a court procedure in which the county
sheriff is ordered to take custody of property to secure the
payment of a judgment (I.C. 8-501). If the property to be seized
is real property, the sheriff must file a copy of the writ
with the county recorder (I.C. 8-506).
8. "Notices of the
pendency of an action affecting real estate, the title thereto or
possession thereof" (I.C. 31-2402.8) - I.C. 5-505 describes such notices
as "lis pendens", and provides for their recording. It is clear
that the court action would have to be filed with the clerk
of court for the recording of the lis pendens to be proper.
The notice must contain a description of the property and of the nature of the action
9. "Instruments describing
or relating to the separate property of married women" (I.C.
31-2402.9) - I.C. 32-907 provides that a full and complete
inventory of the separate property of a wife may be signed
by her, acknowledged in the same manner as a conveyance, and
recorded in the county where she resides. The filing is prima
facie evidence of the title of the wife (I.C. 32-908).
10. "Notices of preemption
claims" (I.C. 31-2402.10) - A "preemption claim" is a claim to ownership
or use of real property based upon occupancy of the property. I.C.
9-326 uses the term "preemption claim" in describing federal
land purchase and location certificates. A mining claim filed
under I.C. 47-604 (above-discussed), would be an example of
a preemption claim.
11. "Certified copies
of any petition, with the schedules omitted, filed in, and certified
copies of any order or decree made and entered in, any proceeding
under the National Bankruptcy Act." (I.C. 31-2402.11).
12. "financing statements
under the Uniform Commercial Code which cover timber to be cut, minerals
or the like (including oil and gas), accounts subject to subsection
(5) of Section 28-9-103, Idaho Code, or fixtures." (I.C. 31-2402.12):
a. "Accounts subject
to I.C. 28-9-103 (5)" This code section deals with accounts
associated with mineral sales at the wellhead or minehead.
A creditor who would want to perfect a security interest
in this type of account would file their UCC-1 financing
statement with the county recorder of the county where the
minehead or wellhead is located.
b. "Fixtures" - I.C.
28-9-313 (a) defines fixtures as goods that have become so related
to particular real estate that an interest in them arises under
real estate law. A "fixture filing" is the filing of a UCC-1
financing statement or the security agreement in the recorder's
office were a mortgage against the real property would be
recorded (I.C. 28-9-401).
c. "Filings before
December 22, 1986" - I.C. 28-9-401A deals with UCC filings
that were properly filed with county recorders prior to December
22, 1986, but would now be filed with the Idaho Secretary
of State. First of all, such filings stayed in effect until
the lapsed (five years). Secondly, such filings could be
continued by filing a continuation statement with the Secretary
of State. To release, amend or terminate such a financing
statement, the appropriate document would be filed with the
county recorder, unless a continuation had been filed with
the Secretary of State.
13. "Notice of order of
a general adjudication in conformance with section 42-1408A, Idaho
Code" (I.C.31-2402.13) - Under I.C. 42-1408 (2)(e), the director
of the Idaho Department of Water Resources must file a copy
of the notice of the order commencing a general water rights
adjudication in the recorder's office of each county where
a part of the adjudicated water system is located.
14. "Such other writings
as are required or permitted by law to be recorded" (I.C. 31-2402.14):
Determining the nature of "other writings" that are permitted or required
by Idaho law to be recorded has been no simple task. The author has
identified over thirty "other writings", to wit:
(1) Carey Act Water
Right Lien - I.C. 422026 provides that anyone supplying water
to Carey Act lands shall have a lien against the land benefitted
for the value of the furnished water. The contract for the furnished
water may be recorded under I.C. 42-2027, and acts as a lien.
Liens - Title 45, Chapter 2, of the Idaho Code, entitled "Uniform Federal
Lien Registrations", provides for the recording of "notices of
lien" for federal tax liens and other federal liens in
the county recorder's office (I.C. 45-202).
Liens - Title 45, Chapter 4, of the Idaho Code, deals
with the subject of "logger's liens." I.C. 45-509
states that recorders must record any claim filed
under chapter 4, and index it the same way as a conveyance.
(4) Hospital & Nursing
Care Liens - Title 45, Chapter 7, deals with hospital
and nursing care liens that such facilities can place
against the proceeds from claims and causes of action
that an injured person may have against the wrongdoer,
for the value of the medical services rendered to
the injured person. The lien claim is filed in the
recorder's office of the county where the care rendering
facility is located (I.C. 45-702). I.C. 45-703 requires
the recorder to maintain a hospital lien book.
Security Law Liens - The Director of the Idaho Department of Employment
is authorized to file certificates with the county recorder claiming
unpaid employment security contributions by an employer located
in the county (I.C. 72-1360), which then becomes a lien against
the employer's property.
Exemption - Prior to 1989, a property owner had to
record a declaration claiming that his residential
property was his "homestead" (principal residence),
in order to receive the statutory protection against
forced sale by a creditor. Today, the protection is
automatic based upon the factual use and occupation
of the property as a principal residence (I.C. 55-1004).
However, the property owner can still record a declaration
under I.C. 55-1006. This would be required if the dwelling
is not constructed yet or it is a mobile home. The
law also presumes an abandonment of the homestead protection
if the property owner occupy the residence for six
months. In order to overcome this presumption, a temporarily
absent homeowner can record @a declaration of nonabandonment
c. Tax Deed Affidavits
of Compliance I.C. 63-1126C provides for the recording of an affidavit
of compliance with procedures by the county treasurer as part of
the tax deed process.
of Sale - I.C. 31-2406 provides that the recorder shall
maintain a book entitled "certificates of sale" for
the recording of all certificates for the sale of real
estate by execution or judicial proceeding.
I.C. 11-308 and 309 describe the certificates of sale associated
- In the event that judgment debtor redeems from the sale, a certificate
of redemption is issued and recorded (I.C. 11-403)
e. Real Property
- I.C. 50-1310 provides that all approved plats of
subdivisions shall be @d with the@county recorder.
This code section and I.C. 50-1304 set forth the
required size and reproducible nature of the original
plat document. The plat must be verified by a professional
land surveyor hired by the county (I.C. 501305).
Plat names can not be duplicated in the same county
(I.C. 50-1307). I.C. 50-1308 and 1309 describes the
necessary approvals and certifications that Must
be on the face of the plat document.@ C. 50-1327
provides that a plat may not be recorded without
the statement of a "sanitary
restriction" unless the requirement is waived by the Director
of the Department of Health and Welfare.
- I.C. 50-1314 imposes upon the county recorder the duty to
advise property owners who have divided their property into
five or more parcels at the time of recording that to comply,
owners must authorize the expenditure, and the costs are assessed
in the same manner as taxes. Assumably, the county planning
& zoning department would have to advise the recorder
that excessive divisions had occurred in violation of
the county subdivision ordinance
Forced Plats" - I.C. provides that the assessor can request
a forced plat recorded legal descriptions are not sufficient
enough to the property. The assessor notifies the county
order, who does the procedure set forth in I.C. 50-1314.
(c) "Vacations" -
I.C. 50-1317 provides for'- the procedure to vacate
part or all of a plat. This is normally done by
ordinance or order. A certified copy of the ordinance
or order can be recorded pursuant to I.C. 50-1324.
Providing The treasurer has certified-that
all property taxes have been paid. The custodian of the original
document is the is the certifying official.
(2) "Records of
Survey" - I.C. 55-1904 provides that a surveyor upon completion
of a "survey", shall record a record of survey with the county
recorder. I.C. 551905 describes the physical nature of the required
document, and I.C. 55-1906 describes the contents of the document.
I.C. 55-1910 provides that the recorder shall have a book designated
"Records of Survey".
Map" - I.C. 63-302 requires the county assessor to assign tax
parcel numbers to each land description. The assessor must file
with the county recorder an accurate and complete list of such
numbers by the 4th Monday of June each year. The recorder must
maintain a book entitled "record of tax numbers".
Instruments - @.,( 1506 describes the documents associated
with the creation of a condominium. A "condominium" is
a form of ownership in which a parcel of real property
is declared to have private, limited common and common
ownership existing all at the same time. Any document
associated with the formation of or modification
of a condominium project may be recorded under I.C.
Nonprofit Associations - I.C. 53-701 et. seq. allows
for the formation of unincorporated nonprofit associations.
These associations are often used as homeowner associations)
in residential real estate subdivisions. I.C. 53-705
indicates that such associations can transfer interests
in real property by executing and recording a "statement of writ ".
The statement of authority would have to be acknowledged
to be recordable.
f. Natural Resources
Lands" - The owner of property covered by commercial timber may
harvest the timber in such a manner that the land can be listed
as "reforested land" with the Idaho Department of Lands (I.C.
38-208). A list of "reforested lands" in a county is recorded
with the county recorder I.C. 38-209). I.C. 38-221 requires that
contracts for the sale of "reforested lands" and deeds
to such land must be recorded with the county recorder.
& Mining Contracts" I.C. 53-411 provides that prospecting
and mining contracts when signed by the parties to the
contract and at least one witness, may be recorded in the
office of the county recorder for the county where the
business is to be conducted or the property located.
g. Taxing District
District Formation - I.C. 38-1001 et. seq. provides
for the formation of "stumpage districts" so as to
remove stumps. I.C. 38-1005 provides that the county
commissioner's order establishing the district be
filed with the county recorder.
Assessment Rolls I.C. 42-2935 provides that drainage district
assessments established by the court shall be certified to the
recorder, who shall enter the order upon the record.
District Exclusion Order - I.C. 42-4230 provides that the order
of the court excluding properties from a district shall be filed
for record in the recorder's office.
District Exclusion Order - I.C. 42-5131 provides that the court
order excluding properties from a district shall be recorded.
- All contracts entered into by irrigation districts are to
be recorded in the office of the county recorder under I.C.
- The delinquency list of an irrigation district is to be filed
with the county recorder. The list needs to be certified.
h. Business Matters:
Names" - I.C. 5350 requires that all persons "carrying on, conducting
or transacting business in this state " under an assumed name file a
certificate with the county recorder identifying the true name or names
of the parties, together with an address. Said certificate must be executed
by the Parties and acknowledged before being recordable. The statement
must contain the term "conducting business" as. Assumably, it
is more than an isolated event.
(2)"Leases of Livestock" -
I.C. 25-2001 provides that leases for more than 10 head
of livestock must be in writing, acknowledged and recorded
with the county recorder in the same manner as a conveyance.
(1)Idaho Public Utility
Commission Orders - I.C. 61-608 provides that the orders of the IPUC
may be recorded in the office of the county recorder.
(2) Military Discharge
Orders - I.C. 65301 provides that military discharge papers may be recorded
in the recorders office, at no cost to the veteran.