Idaho Code
Idaho Code § 55-605 (2026)
Acquisition of subsequent title by grantor.
✓ current as of May 2026
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Acquisition of subsequent title by grantor.
Where a person purports by proper instrument to convey or grant real property in fee simple, and subsequently acquires any title or claim of title thereto, the same passes by operation of law to the grantee or his successors.
Notes of Decisions
Cited in 4
cases, 1954–2009 · leading case: PHH Mortg. Servs. Corp. v. Perreira, 200 P.3d 1180 (Idaho 2009).
PHH Mortg. Servs. Corp. v. Perreira, 200 P.3d 1180 (Idaho 2009). “Idaho Code § 55-605 provides, “Where a person purports by proper instrument to convey or grant real property in fee simple, and subsequently acquires any title or claim of title thereto, the same passes by operation of law to the grantee or his successors.”
State Ex Rel. Moore v. Scroggie, 704 P.2d 364 (Idaho Ct. App. 1985). “See I.C. § 55-605. Thus, when the decree awarded Jesse the property and the contract with Peterson was paid as a result of the condemnation, the title would have flowed through Jesse to Bell.”
Gardner v. Fliegel, 450 P.2d 990 (Idaho 1969). “See I.C. § 55-605. 2 . In Cusic v. Givens, 70 Idaho 229 , 215 P.”
Brooks v. Jensen, 270 P.2d 425 (Idaho 1954). “they owned this land, but were seeking to establish their title as claimed, to enure to the benefit of appellants as their grantees under Section 55-605, I.C., the basis of such concession would necessarily be that respondents claimed this strip and hence were selling it to…”
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