TITLE 55

PROPERTY IN GENERAL

CHAPTER 8

RECORDING TRANSFERS

55-820.  Prohibition and Removal of restrictive covenants. 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.

History:

[55-820, added 2022, ch. 159, sec. 2, p. 548.]