Idaho Code
Idaho Code

Idaho Code § 55-613 (2026)

Encumbrances defined. 

✓ current as of May 2026
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Encumbrances defined. 

The term "encumbrances" includes taxes, assessments, and all liens upon real property.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1963–2025 · leading case: Brent Regan v. Jeff Owen, 413 P.3d 759 (Idaho 2018).
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Brent Regan v. Jeff Owen, 413 P.3d 759 (Idaho 2018). · cites it 8× “In fact, the Regans contend that the definition of “encumbrances” set forth in Idaho Code section 55-613 (which is identical to Rev.”
Hoffer v. Callister, 47 P.3d 1261 (Idaho 2002). · cites it 6× “” This Court has indicated that I.C. § 55-613 is inclusive, rather than exclusive, and that the law may recognize other types of encumbrances that are not specified in the statute: Aside from [this] statutory provision[ ], an encumbrance may otherwise be defined to be any right…”
Rose v. Martino, 562 P.3d 972 (Idaho 2025). · cites it 4× “I.C. § 55-613. Even though 17 the BLA was recorded, so it is “of record,” that is not enough to place it within the Subject to Clause of the warranty deed.”
Middlekauff v. Lake Cascade, Inc., 719 P.2d 1169 (Idaho 1986). · cites it 2× “” I.C. § 55-613 of that chapter provides: “The term ‘encumbrances’ includes taxes, assessments, and all liens upon real property.”
Middlekauff v. Lake Cascade, Inc., 654 P.2d 1385 (Idaho 1982). · cites it 2× “Therefore, the Bankruptcy Court did not authorize the sale free of this alleged interest in the land, and we hold that the trial court erred in finding that the statute of limitations began running in 1974 when the land was conveyed “free of all liens and encumbrances.”
Regan v. Owen (Idaho 2017). · cites it 8× “The Regans champion a reading of Section 63-1009 that restricts encumbrances to financial interests, as contemplated by Idaho Code section 55-613. “Statutory interpretation begins with the literal words of the statute, and this language should be given its plain, obvious and…”
Bannock Title Co. v. Lindsey, 388 P.2d 1011 (Idaho 1963). · cites it 2× “I.C. § 55-613 defines encumbrances as follows: “The term 'encumbrances’ includes taxes, assessments, and all liens upon real property.”
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