Idaho Code

Idaho Code § 55-604 (2026)

Fee presumed to pass.

✓ current as of May 2026

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Fee presumed to pass.

A fee simple title is presumed to be intended to pass by a grant of real property unless it appears from the grant that a lesser estate was intended.

Notes of Decisions

Cited in 11 cases, 1966–2020 · leading case: C & G, Inc. v. Rule, 25 P.3d 76 (Idaho 2001).

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C & G, Inc. v. Rule, 25 P.3d 76 (Idaho 2001). · cites it 6× “Galvin argues that the fee simple presumption present in I.C. § 55-604 is not triggered because of the presence of the word “unless” in the statute.”

Hartley v. Stibor, 525 P.2d 352 (Idaho 1974). · cites it 11× “Under I.C. § 55-604 a fee simple title is presumed to be intended to pass; [2] and under I.”

Barrett v. Barrett, 232 P.3d 799 (Idaho 2010). · cites it 4× “It is only regarding the Quitclaim Deed executed to her husband that she contends she never intended to transfer an interest in the property. In the present case, the wife's Quitclaim Deed complied with all statutory requirements for the conveyance of real property.”

Hogg v. Wolske, 130 P.3d 1087 (Idaho 2006). · cites it 2× “” I.C. § 55-604. “It is a well-settled rule of law that where one asserts that a deed shall be given a different con *554 struction from that clearly appearing on its face, claiming that it is a mortgage, he must show by clear and convincing evidence that a mortgage, and not a…”

Union Pac. R.R. v. Ethington Fam. Trust, 50 P.3d 450 (Idaho 2002). · cites it 2× “Idaho Code § 55-604 says that a “fee simple title is presumed to be intended to pass by a grant of real property unless it appears from the grant that a lesser estate was intended.”

Ida-Therm, LLC v. Bedrock Geothermal, LLC, 293 P.3d 630 (Idaho 2012). · cites it 2× “” I.C. § 55-604. A deed reservation “should be not indefinite or uncertain____ [F]ailure of a grantor to clearly express the kind of rights retained on a conveyance may result in the entire fee title passing to the grantee, without reservation.”

Stucki v. Parker, 703 P.2d 693 (Idaho 1985). · cites it 4× “Under Idaho Code § 55-604 , a conveyance will be presumed to pass a fee simple estate.”

In Re LaVelle, 350 B.R. 505 (Bankr. D. Idaho 2005). · cites it 4× “H; Idaho Code § 55-604 . BCO was a tenant of that property under a written lease.”

Scogings v. Andreason, 418 P.2d 273 (Idaho 1966). · cites it 2× “Appellants first contend that the court had no jurisdiction to award damages to respondents because in their complaint they did not pray for damages.”

Nampa Hwy Dist 1 v. Knight (Idaho 2020). · cites it 2× “Although Idaho operates under a statute that presumes fee simple ownership, see I.C. § 55-604, “[w]hen land is dedicated as a street for public use, the landowner owns to the center of the street and the public acquires an easement, not a title in fee simple,” Neider, 138 Idaho…”

Blendu v. United States, 79 Fed. Cl. 500 (Fed. Cl. 2007). · cites it 3× “Idaho Code Ann. § 55-604 (2007). 1. C & G, Inc.”

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