Idaho Code
Idaho Code § 55-606 (2026)
Conclusiveness of conveyance — Bona fide purchasers.
✓ current as of May 2026
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Conclusiveness of conveyance — Bona fide purchasers.
Every grant or conveyance of an estate in real property is conclusive against the grantor, also against every one subsequently claiming under him, except a purchaser or encumbrancer, who in good faith, and for a valuable consideration, acquires a title or lien by an instrument or valid judgment lien that is first duly recorded.
Notes of Decisions
Cited in 27
cases (2 in the last 5 years), 1954–2025 · leading case: The David & Marvel Benton Trust v. McCarty, 384 P.3d 392 (Idaho 2016).
The David & Marvel Benton Trust v. McCarty, 384 P.3d 392 (Idaho 2016). “Idaho Code 55-606 explicitly applies only where there has been a “grant or conveyance.”
Alan Golub v. Kirk-Scott, LTD, 342 P.3d 893 (Idaho 2015). “I.C. § 55-606 (emphasis added). KS argues the plain reading of this statute means that one who is conveyed an interest in real property (whether or not he/she records that interest) has priority against anyone else with a subsequent claim to that property except one who, in good…”
Hall v. Hall, 777 P.2d 255 (Idaho 1989). “Faull's testimony concerning donative intent violated the parol evidence rule; (2) that I.C. § 55-606 prohibits the Faulls from changing the terms of the recorded deed; and, (3) that the finding of a gift was not based on clear and convincing evidence.”
Barrett v. Barrett, 232 P.3d 799 (Idaho 2010). “Thus, neither I.C. § 55-606 nor the statute of frauds governs because the pertinent question is not the effectiveness of the deed.”
Alan Golub v. Kirk-Hughes Dev., 343 P.3d 1080 (Idaho 2015). “In support of this motion, Golubs had proposed an interpretation of Idaho Code section 55-606 in which the requirements of good faith and valuable consideration do not apply to one who acquires a valid judgment lien.”
Hartley v. Stibor, 525 P.2d 352 (Idaho 1974). “§ 55-604 a fee simple title is presumed to be intended to pass; [2] and under I.C. § 55-606 such conveyance is conclusive against the grantor and all claiming under the grantor.”
Sun Valley Land & Minerals v. Burt, 853 P.2d 607 (Idaho Ct. App. 1993). “I.C. § 55-606; § 55-812. The theory behind the rule is to protect innocent purchasers and to allow them to obtain and convey unsullied interests.”
Fitzpatrick v. Kent, 458 P.3d 943 (Idaho 2020). “3d 392, 398 (2016) (holding that Idaho Code section 55- 606, a recording statute cited by the Fitzpatricks, “explicitly applies only where there has been ‘a grant or conveyance’”—“[c]onversely, where no grant or conveyance ever legally occurred, Idaho Code section 55-606 is not…”
Johnson v. Casper, 270 P.2d 1012 (Idaho 1954). “Respondents contend this Section makes the judgment as an encumbrance superior, because the judgment was recorded prior to the deed. Section 55-606, I.C., was taken from 1887 Rev.”
Farm Bureau Fin. Co., Inc. v. Carney, 605 P.2d 509 (Idaho 1980). “genuine issue of material fact with respect to respondents’ actual knowledge of the Hendricks trust deed, then summary judgment was improperly granted.”
Tiller White, LLC v. Canyon Outdoor Media, LLC, 374 P.3d 580 (Idaho 2016). “Idaho Code sections 55-606 and 55-812 provide that an unrecorded interest in land is void against subsequent purchasers who acquire title in good faith and for valuable consideration.”
Siegel Mobile Home Grp., Inc. v. Bowen, 757 P.2d 1250 (Idaho Ct. App. 1988). “2d 1012 (1954), construing the effect of I.C. § 55-606. That section provides: Every grant or conveyance of an estate in real property is conclusive against the grantor, also against everyone subsequently claiming under him, except a purchaser or encumbrancer, who in good faith,…”
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