Idaho Code
Idaho Code § 63-1009 (2026)
Effect of tax deed as conveyance.
✓ current as of May 2026
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Effect of tax deed as conveyance.
The deed conveys to the grantee the right, title, and interest held by the record owner or owners, provided that the title conveyed by the deed shall be free of any recorded purchase contract, mortgage, deed of trust, security interest, lien, or lease, as long as notice has been sent to the party in interest as provided in sections 63-201(17) and 63-1005, Idaho Code, and the lien for property taxes, assessments, amounts certified to the tax collector pursuant to section 50-1715, Idaho Code, charges, interest, and penalties for which the lien is foreclosed and in satisfaction of which the property is sold.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 2014–2022 · leading case: Brent Regan v. Jeff Owen, 413 P.3d 759 (Idaho 2018).
Brent Regan v. Jeff Owen, 413 P.3d 759 (Idaho 2018). “I.C. § 63-1009. An encumbrance is “any right or interest in land to the diminution of its value, but consistent with the free transfer of the fee.”
Valiant Idaho, LLC v. JV L.L.C., 429 P.3d 168 (Idaho 2018). “I.C. § 63-1009 (2014). However, under section 63-1010, a redemption deed does not convey any additional right, title, interest, or lien to the redemptioner.”
Brent Regan v. Jeff Owen, 339 P.3d 1162 (Idaho 2014). “The tax deed conveyed to the county absolute title to the Orphan Parcel “free of all encumbrances except mortgages of record to the holders of which notice has not been sent as provided in section 68-1005, Idaho Code, any lien for property taxes which may have attached…”
Regan v. Owen (Idaho 2017). “The deed conveys to the grantee the right, title, and interest held by the record owner or owners, provided that the title conveyed by the deed shall be free of any recorded purchase contract, mortgage, deed of trust, security interest, lien, or lease, so long as notice has been…”
Elsaesser v. Black Diamond Compost, LLC, 513 P.3d 447 (Idaho 2022). “However, in Regan, this Court determined that the term “encumbrance” as used in Idaho Code section 63-1009 (“Effect of Tax Deed as Conveyance”) is limited to a financial interest.”
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