Bannock County Recorder
- Recorder Fees
- Marriage Licenses
- Public Records Requests
- Instruments That May Be Recorded
- Documents That Should Not Be Recorded
|(1) The county recorder is allowed and may receive for his services, the following fees to be paid him by the party procuring his services:|
|(a) Except as otherwise set forth in this section, for recording every instrument, paper or notice, for the first page||$10.00|
|For each additional page||$ 3.00|
|(b) For recording each of the following types of instruments, provided such instrument is thirty (30) pages or less:|
|(i) Deeds, grants and conveyances of real property||$15.00|
|(ii) Trust deeds or mortgages of real property, including fixture filings, security agreements and assignments of leases and rents if contained within the same instrument for recording||$45.00|
|(iii) Reconveyances of trust deeds, including a substitution of trustee if contained within the same instrument for recording, and releases of mortgages||$15.00|
|(iv) Powers of attorney||$25.00|
|(c) For electronic copies (as defined in subsection (2) of this section) requested on a recurring basis, for each page or image||$ .05|
|(d) For copies of any record or paper, for each page||$ 1.00|
|(e) For each certificate under seal, when required||$ 1.00|
|(f) For release or assignment where more than one (1) document is re leased or assigned in the same instrument, for each additional release or assignment||$ 1.00|
|(g) For recording every town plat or map, for first one hundred (100) lots or less||$11.00|
|And for each additional lot||$ .05|
|(h) For taking acknowledgments, including seal||$ 1.00|
|(i) For filing a survey, for each page||$ 5.00|
|(j) For making a copy of a survey or highway right-of-way plat||$ 4.00|
|(k) For issuing marriage license, filing, recording and indexing the certificate of marriage and taking and filing affidavits required in issuance of the license||$11.00|
|(l) For administering an oath, including jurat||$ 1.00|
|And certifying the same when required an additional sum of||$ 1.00|
|(m) For comparing and certifying a prepared copy of a file or record in his office, for each page||$ .50|
|(n) For each certificate under seal there shall be an additional fee of||$ 1.00|
(2) Electronic copies shall include copies provided via internet down load, on a compact disc, zip disc, floppy disc, or other electronic means. The county recorder shall provide electronic copies if the record is maintained in electronic form and if the person specifically requests an elec tronic copy.
(3) For duplication of recorded documents in paper, microfilm or microfiche format requested on a recurring basis in excess of one hundred (100) 10 pages, the fee shall be negotiated between the county recorder and the purchaser of records. The fee shall not exceed the costs to the county recorder for the retrieval and duplication of the record. These negotiated fees shall be recommended by the county recorder and approved by the board of county commissioners. Any existing agreements for duplication of paper, microfilm or microfiche documents in excess of one hundred (100) pages are hereby ratified and approved. Any negotiated fees shall remain in effect until such time as either party requests a review of the fee.
(4) All instruments delivered to the county recorder for record shall be recorded rather than filed with the exception of plats, surveys, corner stone markers and instruments under the Uniform Commercial Code.
(5) For all other services as recorder, not enumerated herein, the fee fixed in the statute requiring the service or the same fee as allowed the clerk of the district court for like service.
(6) A page shall not exceed fourteen (14) inches in length nor eight and one-half (8 1/2) inches in width. Each page shall be typewritten or be in legible writing. The recording fee to be charged for maps, sketches, drawings or other instruments except plats larger than the size permitted above for a page shall be two cents (2¢) per square inch.
Marriage Licenses are issued in the Clerk’s Office, Bannock County Courthouse, Room 211.
The Clerk’s Office is open Monday through Friday from 8:00 a.m. to 5:00 p.m. and is closed for all state holidays. No appointment is necessary. Marriage licenses will not be issued after 4:30 p.m.
Getting your Marriage License
- Both applicants must appear together in the Clerk’s Office and complete the Marriage Application. You can complete the Marriage Application Online HERE prior to visiting the office to expedite the process.
- Proof of age and identity is required. Each applicant will need to provide a current driver’s license, or a State-issued identification card, or a passport.
- Each applicant shall provide a Social Security Number.
If you do not have a Social Security Number, you must provide written verification from the Social Security Administration that you have not been assigned a Social Security Number.
If you are not a U.S. resident, you should submit a valid passport or birth certificate issued by an entity other than a state or the United States. Submit such proof that the applicant is lawfully present in the United States.
How much does the Marriage License cost?
The Marriage License fee is $28. The Clerk’s Office will accept cash or credit/debit card payments. If a credit or debit card is used, an additional transaction fee will be charged.
Applicants who are 16 or 17 years of age must be accompanied by a parent or legal guardian and provide the following:
- Original or certified copy of birth certificate.
- The parent or legal guardian must complete the Affidavit of Consent by Parent or Guardian to Marriage of a Minor.
- The parent or legal guardian must provide proof of identity (current driver’s license, State-issued identification card, or a passport).
- Legal guardian must supply a certified copy of their appointment of guardianship.
Parties Under Age 16:
- Idaho Code 32-202 does not allow any person under the age of 16 to obtain a marriage license.
Frequently Asked Question
Do I need to be an Idaho resident to obtain a Marriage License in Idaho?
No, however, a State of Idaho Marriage License is only valid in Idaho.
Is there a waiting period before using the Marriage License?
No, you may get married the same day the Marriage License is issued.
When we receive the Marriage License, are we married?
No, an authorized clergy member, judge, or other designated official must perform the marriage ceremony.
Are marriage ceremonies performed in the Clerk’s Office?
No, but you may contact a judge to make an appointment to perform the marriage ceremony. Contact information is available in the Clerk’s Office. Judges may charge a fee.
Please send completed form(s) to email@example.com or bring to the Bannock County Courthouse, Clerk’s Office.
Idaho 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. 31-2402.1.):
(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 of title.
(2) Judgments 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 description.
(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:
(a) “Facts showing or explaining marital status”
(b) “Identity of persons”
(c) “Possession of real property when the title thereof is proven through tax deed”
(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 descriptions”
(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 the instrument”
(d) “a description of the interests created by the instrument”, and
(e) “legal description of the property”.
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 is important.
(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 of record
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.
(b) Acknowledgment – I.C. 45-1003 specifically requires that mortgages be acknowledged to be recordable.
(c) Master 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 documents.
(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 the sale.
(d) “Reconveyance” – 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. 32-919).
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:
(1) “letters of personal representatives (foreign and domestic)”
(2) “a statement of informal probate,,
(3) “determination of heirship”
(4) “testacy proceeding orders”
(5) “deeds, assignments, releases or other instruments executed by an appointed personal representative,,
(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 “officers”.
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 is recorded.
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.
(I.C. 45-510). 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 or defense.
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:
a. Miscellaneous Liens:
(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.
(2) Federal 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).
(3) Logger’s 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.
(5) Employment 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.
b. Homestead 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 (I.C. 55-1006).)
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.
d. Certificates 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.
(1)Executions – I.C. 11-308 and 309 describe the certificates of sale associated with executions.
(2)Redemptions – 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 Development Matters:
(1)Platting – 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.
(a)”Forced Plats” – 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
(b) “Assessment 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”.
(3) “Assessors 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”.
(4) Condominium 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. 55-1508.
(5) Unincorporated 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 Development:
(1) “Reforested 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.
(2) “Prospecting & 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 Matters:
(1) Stumpage 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.
(2)Drainage District 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.
(3)Ground Water Management:
(a) Recharge 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.
(b)Management District Exclusion Order – I.C. 42-5131 provides that the court order excluding properties from a district shall be recorded.
(a)Contracts – All contracts entered into by irrigation districts are to be recorded in the office of the county recorder under I.C. 43-330D.
(b)Delinquencies – The delinquency list of an irrigation district is to be filed with the county recorder. The list needs to be certified.
h. Business Matters:
(1)”Assumed Business 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.
1. Improperly Executed Documents – It is somewhat a matter of common sense that a document must be executed by the party acting within the content of the document for it to be a proper document for recording. I.C. 55-805 would certainly imply such a requirement with reference to instruments affecting title or possession of real property. I.C. 32-912 specifically requires both spouses to execute aconveydn-ce of community property.
2. Improperly Acknowledged Documents – I.C. 55-805 states that “before an instrument may be recorded, unless it is otherwise expressly provided , its execution must be acknowledged by the person executing it” (emphasis added). As indicated, this statutory statement uses the term “instruments”, and is found in Title 55, Chapter 8, of the Idaho Code dealing with “instruments and judgments affecting title to or possession of real property” (I.C. 55-801). At a minimum, such documents must be “properly” acknowledged unless otherwise excused by statute. A “U.S. Patent” under I.C. 55-803 would be an instrument that specifically does not require acknowledgment to be recordable. As previously discussed, Title 55, Chapter 7, of the Idaho Code describes the requirements of a “proper acknowledgment”. Aside from an improper acknowledgment being grounds for refusal to record, a recorded instrument with an improper acknowledgment does not cause “constructive notice” (Credit Bureau of Preston v. Sleight , 92 Idaho 210, 440 P. 2nd 143 (1968); In re Big River Grain Inc. , 718 F. 2nd 968 (9th Cir., 1983)). See page 4 for a discussion of “constructive notice”.
3. “Documents not in English or translated” – I.C. 73-121 provides that “any document required to be filed recorded…. shall be in the English language or shall be accompanied by a certified translation in English” (empha added). The code section is silent on the meaning of “certified”. Assumably, it is some type of oath by the translator as to the accuracy of the translation.
4. Documents not statutorially entitled to be recorded – Using rules of statutory construction, I.C. 312402 can be read to be “exclusionary”. Unless specifically included in I.C. 31-2402 (previously discussed), including ‘Isuch other writings as are required or permitted by law to be recorded” (previously discussed), a document is not eligible for recording. As previously discussed, “recording” is a statutory concept that did not exist at common law.
Admittedly, some of the statutory classifications such as “affidavits affecting title to real property” (I.C. 55-816) and “summaries of instruments affecting real property” (I.C. 55-818) are very broad in their application and will require discretionary content review to determine whether they are properly recordable.
The Bannock County Parcel Viewer provides property tax and assessment information for properties within the county. If you notice discrepancies with parcel infomration, please contact the Assessor’s Office at 208-236-72600.
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Click here to view the County’s Tax Code Area Map. For questions about property taxes, contact the Treasurer’s Office at 208-236-7220; for assessed values contact the Assessor’s Office at 208-236-7260.
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Pocatello, Idaho 83201