Idaho § 31-2417 LIABILITY FOR NEGLECT

Idaho Statutes

§ 31-2417 — LIABILITY FOR NEGLECT

Idaho·Title 31 COUNTIES AND COUNTY LAW·Ch. 24 RECORDER

(1)If any recorder to whom an instrument, proved or acknowledged according to law, or any paper or notice which may by law be recorded, is delivered for record:

(a)Neglects or refuses without any legal basis to record such instrument, paper or notice within a reasonable time after receiving the same; or

(b)Records any instruments, papers or notices untruly, or in any other manner than as hereinbefore directed; or

(c)Neglects or refuses to keep in his office such indexes as are required by this chapter, or to make the proper entries therein; or

(d)Alters, changes or obliterates any records deposited in his office or inserts any new matter therein. He is liable to the party aggrieved for the amount of the damages which may be occasioned thereby.

(2)Under no circumstances shall a record

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(1) If any recorder to whom an instrument, proved or acknowledged according to law, or any paper or notice which may by law be recorded, is delivered for record:
(a) Neglects or refuses without any legal basis to record such instrument, paper or notice within a reasonable time after receiving the same; or
(b) Records any instruments, papers or notices untruly, or in any other manner than as hereinbefore directed; or
(c) Neglects or refuses to keep in his office such indexes as are required by this chapter, or to make the proper entries therein; or
(d) Alters, changes or obliterates any records deposited in his office or inserts any new matter therein.
He is liable to the party aggrieved for the amount of the damages which may be occasioned thereby.
(2) Under no circumstances shall a recorder be liable for the release of any recorded information pursuant to a request and payment of fees.

Idaho § 31-2417 (LIABILITY FOR NEGLECT) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

[(31-2417) 1863, p. 475, sec. 77; R.S., sec. 2033; reen. R.C. & C.L., sec. 2076; C.S., sec. 3649; I.C.A., sec. 30-1917; am. 1989, ch. 90, sec. 9, p. 214; am. 2005, ch. 243, sec. 7, p. 760.]