Idaho Code 55-820 – Prohibition and Removal of Restrictive Covenants
Current as of: 2023 | Check for updates
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Terms Used In Idaho Code 55-820
- Deed: The legal instrument used to transfer title in real property from one person to another.
- person: includes a corporation as well as a natural person;
Idaho Code 73-114Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
No deed recorded on or after July 1, 2022, shall contain a reference to a restrictive covenant prohibited by section 55-616(1), Idaho Code. A county clerk may refuse to accept any deed submitted for recordation that references any such restrictive covenant. The person who prepares or submits a deed for recordation has the responsibility for ensuring that such a restrictive covenant is not referenced in the deed prior to such deed being submitted for recordation. Any deed that is recorded in the land records on or after July 1, 2022, that mistakenly contains such a restrictive covenant shall nevertheless constitute a valid transfer of real property but without any effect given to the prohibited language.