Idaho Code

Idaho Code § 45-521 (2026)

Release of lien on real property by posting surety bond — Hearing on petition — Contents and effect of order releasing lien.

✓ current as of May 2026

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Release of lien on real property by posting surety bond — Hearing on petition — Contents and effect of order releasing lien.

(1) Upon the hearing, the court shall enter its order releasing the mechanic’s lien upon the petitioner’s filing in open court the original bond, and introducing into evidence a receipt for payment of the premium.

(2) The entry of the order by the court must refer to the property which is the subject of the lien and the lien itself, by instrument number, and must recite that the lien is released of record to the same extent as if released of record by the lienor.

(3) Upon entry of the order, the lien is released of record and the real property, the subject of the lien, is released from the encumbrances of the lien.

(4) There is no appeal from the entry of an order pursuant to the provisions of this section and upon entry the order is final for all purposes.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2013–2023 · leading case: Am. Bank v. Wadsworth Golf Constr. Co., 307 P.3d 1212 (Idaho 2013).

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Am. Bank v. Wadsworth Golf Constr. Co., 307 P.3d 1212 (Idaho 2013). · cites it 6× “Upon the Bank’s motion, the district court released Wadsworth’s mechanic’s hen against the property in accordance with I.C. § 45-521. Both parties moved for partial summary judgment.”

Datum Constr., LLC v. Re Inv. Co. (Idaho 2023). · cites it 10× “§ 45-520, the court may release the property from the lien, and “[u]pon entry of the order, the lien is released of record in its entirety and for all purposes and the real property, the subject of the lien, is released from the encumbrances of the lien.”

— Idaho Code § 45-521(2) — 1 case

Datum Constr., LLC v. Re Inv. Co. (Idaho 2023). “§ 45-520, the court may release the property from the lien, and “[u]pon entry of the order, the lien is released of record in its entirety and for all purposes and the real property, the subject of the lien, is released from the encumbrances of the lien.”

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