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Idaho deeds are used to legally convey property from a seller (grantor) to a buyer (grantee) in Idaho. These deeds come in different forms differing based on the level of buyer protection they offer. All deeds authorized in Idaho must be filed with the local county recorder where the property falls under. Recording the deed notifies the general public of the property’s transfer history. Lastly, all deeds in Idaho must be signed in front of a notary public.
Deeds in Idaho must follow the laws stated in Title 55, Chapter 6 – Transfer of Real Property.
Idaho deeds must be recorded in the Recorder’s office allocated to the property’s county (I.C. § 55-808).
Idaho deeds have to be signed before a notary public to be valid.
General warranty deeds are used to transfer property from a seller to a buyer with the guarantee that the title is clean, i.e., free of any encumbrances, claims, or hidden liens. With this deed, the seller ascertains that he is the legal owner of the property and has the right to transfer the property. If a third party tries to lay claim on the property at any time, the seller will be held responsible. This type of deed offers the most buyer protection.
The seller uses the quitclaim deed to transfer whatever interest he has in the property to the buyer. This type of deed offers no guarantee that the seller has any interest in the property. It is majorly used in the case of property transfer between family members.
Special warranty deeds are used to transfer property from a buyer to a seller with a guarantee covering only the seller’s ownership period. With this deed, the grantor assures the grantee that he has not transferred his interest in the property since he held it but cannot guarantee any claims from before he owned it.
A deed of trust is used to indicate a mortgage holder’s interest in a property. This interest is usually valid until the property owner pays off the mortgage. This deed notifies potential buyers that a mortgage has to be cleared off before the title can be clean.
Conducting a property search before finalizing any property transfer is of utmost importance. A comprehensive property search will reveal the property’s transfer history, as well as any easements, unpaid mortgages, or partial interests that may be associated with the property in question. Doing a thorough property search involves you or your representative tracing back the property’s transfer history, starting from its present owner to as far back as possible.
In Idaho, all land records are filed with the county recorder local to the property’s county. To conduct a title search, you’ll have to visit the recorder’s office where the property is situated, and sometimes, there might be a fee associated with this. You’ll find a list of the counties in Idaho alongside their websites on This Website. We’ll be using Ada county as an example of how to conduct a property search in Idaho:
Go to the state website and click on the county where the property is located (in this case, Ada county).
On the county information website you’re redirected to, click on the “Ada county website” button.
You will be redirected to the County’s website, where you’ll obtain the reference to the recorder.
When you click on that link, information on the recorder and the required research fees will come up.