Idaho Code
Idaho Code

Idaho Code § 45-101 (2026)

Liens defined. 

✓ current as of May 2026
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Liens defined. 

A lien is a charge imposed in some mode other than by a transfer in trust upon specific property by which it is made security for the performance of an act.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2008–2022 · leading case: Liberty Bankers Life Ins. v. Witherspoon, Kelley, Davenport & Toole, P.S., 365 P.3d 1033 (Idaho 2016).
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Liberty Bankers Life Ins. v. Witherspoon, Kelley, Davenport & Toole, P.S., 365 P.3d 1033 (Idaho 2016). · cites it 26× “This is evident from Idaho Code section 45-101, which is part of the same chapter as Idaho Code section 45-108, wherein a lien is defined as “a charge imposed in some mode other than by a transfer in trust upon specific property by which it is made security for the performance…”
Chavez v. Barrus, 192 P.3d 1036 (Idaho 2008). · cites it 2× “§ 55-101, real property consists of: lands, possessory rights tp land, ditch and water rights, mining claims, and that which is affixed or appurtenant to land. Every other kind of property is personal property.”
Elsaesser v. Black Diamond Compost, LLC, 513 P.3d 447 (Idaho 2022). · cites it 2× “” I.C. § 45-101. “Under Idaho law, a lien is a charge upon property to secure payment of a debt and transfers no title to the property subject to the lien.”
Bennett v. Bank of E. Oregon (Idaho 2020). · cites it 2× “”) (emphasis added), with I.C. § 45-109 (“Notwithstanding an agreement to the contrary, a lien, or a contract for a lien, transfers no title to the property subject to the lien.”
Edmo v. Corizon Inc. (D. Idaho 2022). · cites it 2× “They rely, instead, on Idaho’s broad statutory definition of “lien,” Idaho Code § 45-101 , and on inapposite case law stating that purchasers of real property take subject to existing unrecorded liens of which they are aware.”
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