Idaho Code
Idaho Code § 55-809 (2026)
When deemed recorded.
✓ current as of May 2026
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When deemed recorded.
An instrument is deemed to be recorded when, being duly acknowledged, or proved and certified, it is deposited in the recorder’s office with the proper officer for record.
Notes of Decisions
Cited in 4
cases, 1989–2005 · leading case: West Wood Investments, Inc. v. Acord, 106 P.3d 401 (Idaho 2005).
West Wood Investments, Inc. v. Acord, 106 P.3d 401 (Idaho 2005). “The crux of Idaho's constructive notice recording laws are Idaho Code §§ 55-809 and 55-811. Miller v.”
Miller v. Simonson, 92 P.3d 537 (Idaho 2004). “Idaho Code § 55-809 states, “An instrument is deemed to be recorded when, being duly acknowledged, or proved and certified, it is deposited in the recorder’s office with the proper officer for record.”
Adams v. Anderson, 127 P.3d 111 (Idaho 2005). “Idaho Code §§ 55-809 and 55-811 state that a conveyance provides constructive notice of its contents to subsequent purchasers when it has been acknowledged or proved, and certified, and deposited with the recorder’s office.”
Credit Bureau of Lewiston-Clarkston, Inc. v. Idaho First Nat'l Bank, 784 P.2d 885 (Idaho 1989). “§ 55-808 states that "[i]nstruments entitled to be recorded must be recorded by the county recorder of the county in which the real property affected thereby is situated.”
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