Idaho Statutes

§ 45-1002 — INDEPENDENT DEFEASANCE TO BE RECORDED

Idaho § 45-1002
JurisdictionIdaho
Title 45LIENS, MORTGAGES AND PLEDGES
Ch. 10MORTGAGE OF REAL PROPERTY

This text of Idaho § 45-1002 (INDEPENDENT DEFEASANCE TO BE RECORDED) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Idaho Code § 45-1002 (2026).

Text

When a grant of real property purports to be an absolute conveyance, but is intended to be defeasible on the performance of certain conditions, such grant is not defeated or affected as against any person other than the grantee or his heirs or devisees, or persons having actual notice, unless an instrument of defeasance, duly executed and acknowledged, is recorded in the office of the county recorder of the county where the property is situated.

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Legislative History

[(45-1002) R.S., sec. 3376; reen. R.C. & C.L., sec. 3404; C.S., sec. 6371; I.C.A., sec. 44-902.]

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Bluebook (online)
Idaho § 45-1002, Counsel Stack Legal Research, https://law.counselstack.com/statute/id/45-1002.