Idaho Code
Idaho Code § 55-813 (2026)
Conveyance defined.
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Conveyance defined.
The term "conveyance" as used in this chapter, embraces every instrument in writing by which any estate or interest in real property is created, alienated, mortgaged or encumbered, or by which the title to any real property may be affected, except wills.
Notes of Decisions
Cited in 19
cases (1 in the last 5 years), 1971–2024 · 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). “" Idaho Code § 55-813 defines a "conveyance" as "every instrument in writing by which any estate or interest in real property is created, alienated, mortgaged or encumbered, or by which the title to any real property may be affected, except wills.”
Millard v. Talburt, 544 P.3d 748 (Idaho 2024). “In support of their argument, the Talburts point to Idaho Code section 55-813, which defines a “conveyance” to include “every instrument in writing by which any estate or interest in real property is created .”
Bagley v. Thomason, 241 P.3d 972 (Idaho 2010). “Idaho Code § 55-813 defines the word "conveyance.”
Insight LLC v. Patrick Gunter, 302 P.3d 1052 (Idaho 2013). “” I.C. § 55-813. A conveyance does not depend upon when it is recorded.”
In Re GVR Ltd. Co., Inc., 695 P.2d 1240 (Idaho 1985). “5413, referred to in the foregoing excerpt, is now codified as I.C. § 55-813, now providing as it has since 1864: Conveyance defined.”
Adams v. Anderson, 127 P.3d 111 (Idaho 2005). “” I.C. § 55-813. A conveyance may be made “by an instrument in writing, subscribed by the party disposing of the same,” and containing “[t]he name of the grantee and his complete mailing address.”
City of Kellogg v. Mission Mountain Interests Ltd., Co., 16 P.3d 915 (Idaho 2000). “Idaho Code § 55-813 defines a conveyance to embrace every instrument in writing by which any estate or interest in real property is created, alienated, mortgaged or encumbered, or by which the title to any real property may be affected, except wills. Idaho Code § 55-601 provides…”
Barton v. Cannon, 489 P.2d 1021 (Idaho 1971). “§ 55-811 by the due and regular recording of any conveyance of any Idaho property, as defined in I.C. § 55-813, a mortgage being included therein, is tantamount to actual notice by any subsequent purchaser or mortgagee.”
Sun Valley Land & Minerals v. Burt, 853 P.2d 607 (Idaho Ct. App. 1993). “Generally, a person must take property through a “conveyance” in order to be afforded the protective status of a bona fide purchaser. Although a mortgage is a lien, it is also considered a conveyance, which includes “every instrument in writing by which an estate or interest in…”
Miller v. Simonson, 92 P.3d 537 (Idaho 2004). “Idaho Code § 55-813 ; see Haugh v. Smelick, 126 Idaho 481, 483 , 887 P.”
Langroise v. Becker, 526 P.2d 178 (Idaho 1974). “” I.C. § 55-813 defines “conveyance” as follows: “55-813.”
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....’ The term ‘conveyance’ ‘embraces every instrument in writing by which any…”
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