Idaho Code
Idaho Code § 55-811 (2026)
Record as notice.
✓ current as of May 2026
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Record as notice.
Every conveyance of real property acknowledged or proved, and certified, and recorded as prescribed by law, from the time it is filed with the recorder for record, is constructive notice of the contents thereof to subsequent purchasers and mortgag(e)es.
Every conveyance of real property acknowledged or proved, and certified, and recorded as prescribed by law, and which is executed by one who thereafter acquires an interest in said real property by a conveyance which is constructive notice as aforesaid, is, from the time such latter conveyance is filed with the recorder for record, constructive notice of the contents thereof to subsequent purchasers and mortgagees.
Notes of Decisions
Cited in 24
cases (2 in the last 5 years), 1971–2026 · leading case: Infanger v. City of Salmon, 44 P.3d 1100 (Idaho 2002).
Infanger v. City of Salmon, 44 P.3d 1100 (Idaho 2002). “" I.C. § 55-811. Consequently, they can be charged with notice *1108 of the quitclaim deed to the Edwards Street property, filed by the City.”
West Wood Investments, Inc. v. Acord, 106 P.3d 401 (Idaho 2005). “e same to be recorded, there is no method provided by the statute of this state whereby a person about to deal with such property would be able to find the record of such conveyance or incumbrance executed by such stranger; nor do the recording laws require the recorder to make…”
Large v. Cafferty Realty, Inc., 851 P.2d 972 (Idaho 1993). “In reversing the summary judgments, we hold that I.C. § 55-811 (the record as notice statute) does not preclude an action by a purchaser of real property against the seller and realtors for misrepresentation concerning the availability of-the property for commercial purposes.”
Miller v. Simonson, 92 P.3d 537 (Idaho 2004). “The legal effect of an instrument deemed recorded is provided by Idaho Code § 55-811 , which states, insofar as is relevant, “Every conveyance of real property acknowledged or proved, and certified, and recorded as prescribed by law, from the time it is filed with the recorder…”
Matheson v. Harris, 572 P.2d 861 (Idaho 1977). “I.C. § 55-811. In either event, the extent of the interest claimed was clear for all to see, the earnest money agreement itself being part of the recordation.”
Barton v. Cannon, 489 P.2d 1021 (Idaho 1971). “The pertinent statutes are: I.C. §§ 55-811, [1] 55-812 [2] and 55-813.”
Insight LLC v. Patrick Gunter, 302 P.3d 1052 (Idaho 2013). “Second, Insight argues that the Gunters, even if they lacked actual knowledge, had constructive notice of IM’s mortgage because it was recorded first, and constructive notice under I.C. § 55-811 is imparted at the time it is deposited with the recorder.”
Millard v. Talburt, 544 P.3d 748 (Idaho 2024). “Next, the issue in Adams was whether the Record of Survey was properly recorded and provided constructive notice of the conveyance to defendants under section 55-811. Id. at 209, 211 , 127 P.3d at 112, 114 .”
Kalange v. Rencher, 30 P.3d 970 (Idaho 2001). “If, however, the record of the deed imports notice of nothing more than the security for a promissory note in the amount of $65,000, Reneher must prevail.”
Villager Condo. Ass'n v. Idaho Power Co., 829 P.2d 1335 (Idaho 1992). “§ 55-815 the Janss agreement was also valid as to the Villagers, and they took the property subject to the easement created by the Janss agreement.”
Davis v. Tuma, 469 P.3d 595 (Idaho 2020). “The district court applied Idaho’s record-as-notice statute, Idaho Code section 55-811, to grant summary judgment against the plaintiffs on the fraud claim by imputing to the plaintiffs knowledge of the applicable restrictive covenants at the time of purchase.”
Young v. Washington Fed. Sav. & Loan Ass'n (In Re Young), 156 B.R. 282 (Bankr. D. Idaho 1993). “The Idaho Supreme Court has held that “Idaho Code § 55-811 attaches constructive notice to ‘[e]very conveyance of real property acknowledged or proved, and certified, and recorded as prescribed by law.”
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