Idaho Code
Idaho Code

Idaho Code § 55-812 (2026)

Unrecorded conveyance void against subsequent purchasers. 

✓ current as of May 2026
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Unrecorded conveyance void against subsequent purchasers. 

Every conveyance of real property other than a lease for a term not exceeding one (1) year, is void as against any subsequent purchaser or mortgagee of the same property, or any part thereof, in good faith and for a valuable consideration, whose conveyance is first duly recorded.

Notes of Decisions
Cited in 32 cases (2 in the last 5 years), 1954–2022 · leading case: Owen v. Smith, 485 P.3d 129 (Idaho 2021).
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Owen v. Smith, 485 P.3d 129 (Idaho 2021). · cites it 4× “” I.C. § 55-812. The term “good faith” has been defined as one “who acquired real property without actual or constructive notice of another’s claim or of any defect in title.”
Insight LLC v. Patrick Gunter, 302 P.3d 1052 (Idaho 2013). · cites it 8× “The district court’s finding that IM had notice of the Gunters’ Deed of Trust is Clearly Erroneous. The district court found that IM had actual notice of the Gunters’ deed of trust, because IM considered a subordination agreement and instructed Sandpoint Title to record the IM…”
Valiant Idaho v. VP Inc., 429 P.3d 855 (Idaho 2018). · cites it 2× “While VP's prescriptive easement and equitable servitude claims were not appropriately addressed by the trial court in its initial order, those issues were fully briefed and argued later, and the court properly considered those claims, as will be set forth below.”
Bear Island Water Ass'n, Inc. v. Brown, 874 P.2d 528 (Idaho 1994). · cites it 4× “BIWA asserts that the Browns had notice of BIWA’s unrecorded ownership or easement interests in Well 2 before they purchased Lot 9, and therefore the Browns are not bona fide purchasers in good faith.”
Villager Condo. Ass'n v. Idaho Power Co., 829 P.2d 1335 (Idaho 1992). · cites it 8× “The only function which recording performs is to impart constructive notice of a prior interest in real property, I.”
Benz v. D.L. Evans Bank, 268 P.3d 1167 (Idaho 2012). · cites it 4× “In 1864, the Idaho territorial legislature enacted what is now codified as Idaho Code section 55-812, which provides: Every conveyance of real property other than a lease for a term not exceeding one (1) year, is void as against any subsequent purchaser or mortgagee of the same…”
Wood v. Simonson, 701 P.2d 319 (Idaho Ct. App. 1985). · cites it 4× “The Woods brought suit, alleging Simonson had breached their earnest money agreement by refusing to close. They requested specific performance of the agreement, claiming that the Gaveds were not bona fide purchasers and were thus not entitled to protection even though the Gaveds…”
Rainsdon v. Garcia (In re Garcia), 465 B.R. 181 (Bankr. D. Idaho 2011). · cites it 4× “Moreover, because the deed had been recorded, notice had been given to the world about the change in ownership of the Property.”
Sun Valley Land & Minerals v. Burt, 853 P.2d 607 (Idaho Ct. App. 1993). · cites it 5× “In Idaho, the first recorded conveyances of real property, taken in good faith and for valuable consideration, except leases not exceeding one year, have priority over subsequent purchasers or mortgagees of the same property.”
McGill v. Lester, 700 P.2d 964 (Idaho Ct. App. 1985). · cites it 4× “After Lester-Hibnes elected to purchase the property, Lester-Hibnes became an equitable owner of the property. Because McGill purchased from Miller-Anderson with notice of an interest claimed by Lester-Hibnes in the property, McGill is not entitled to the protection afforded a…”
Johnson v. Casper, 270 P.2d 1012 (Idaho 1954). · cites it 6× “) is not in Section 55-812, Idaho Code. 2 It would serve no useful purpose to analyze or reconcile or distinguish the cases cited in the above texts and others, which might be found upon further search.”
Langroise v. Becker, 526 P.2d 178 (Idaho 1974). · cites it 4× “I.C. § 55-812 provides as follows: “55-812.”
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