Idaho Code

Idaho Code § 55-815 (2026)

Unrecorded instruments valid between parties. 

✓ current as of May 2026
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Unrecorded instruments valid between parties. 

An unrecorded instrument is valid as between the parties thereto and those who have notice thereof.

Notes of Decisions
Cited in 6 cases, 1992–2020 · leading case: Villager Condo. Ass'n v. Idaho Power Co., 829 P.2d 1335 (Idaho 1992).
Villager Condo. Ass'n v. Idaho Power Co., 829 P.2d 1335 (Idaho 1992). · cites it 12× “Both the trial court's and the majority's conclusion are contrary to I.C. § 55-815 which provides that, "An unrecorded instrument is valid as between the parties thereto and those who have notice thereof.”
Goodman v. Lothrop, 151 P.3d 818 (Idaho 2007). · cites it 4× “Although that contract was never recorded, she argues that her possession of the real property gave the Goodmans constructive notice of her life estate, therefore making it valid as to them pursuant to Idaho Code § 55-815 . 4 Hess then asserts that Lothrop did not have any…”
Tiller White, LLC v. Canyon Outdoor Media, LLC, 374 P.3d 580 (Idaho 2016). · cites it 2× “3d 401, 412 (2005); see also I.C. § 55-815 (“An unrecorded instrument is valid as between the parties thereto and those who have notice thereof.”
Fitzpatrick v. Kent, 458 P.3d 943 (Idaho 2020). · cites it 2× “First, the recording statutes are not applicable here. Recording statutes affect the rights of subsequent purchasers of property, not the validity of the conveyance between the original grantor and grantee.”
Gordon v. U.S. Bank (Idaho 2019). · cites it 2× “Accordingly, in recognizing that the purpose of recording instruments is to give subsequent purchasers notice, the United States District Court for the District of Idaho has twice held, in similar circumstances, that the appointment of a successor trustee by an attorney-in-fact,…”
Gordon v. U.S. Bank (Idaho 2019). · cites it 2× “Accordingly, in recognizing that the purpose of recording instruments is to give subsequent purchasers notice, the United States District Court for the District of Idaho has twice held, in similar circumstances, that the appointment of a successor trustee by an attorney-in-fact,…”
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