DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Title in a Minute with Shawn Tidwell

State Library

Idaho

Mechanics' liens, recording formalities, future advances, subdivision rules, title premiums and recording taxes in Idaho, in plain English with statute cites. Last researched Oct 2026.

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Title in a Minute · www.titleinaminute.com/library/states/idaho · Printed reference copy.

DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Key quirkThe future-advance statute protects mortgages, but the Idaho Supreme Court held it does not reach deeds of trust.

Idaho at a Glance

Topic Idaho answer Where it comes from
Lien recording Claim recorded with the county recorder within 90 days after completing labor or materials Idaho Code § 45-507(2)
Copy to owner Served on the owner within 5 business days after recording Idaho Code § 45-507(5)
Enforcement Suit within 6 months after recording Idaho Code § 45-510
Priority Liens beat encumbrances attaching after work commenced; all liens of a class are equal Idaho Code § 45-506
Future advances Statute protects future-advance priority for both mortgages and deeds of trust (2024 amendment, responding to Liberty Bankers v. Witherspoon, 159 Idaho 679 (2016)); optional advances lose priority to liens the lender actually knew of Idaho Code § 45-108(3)-(6); 2024 Idaho Sess. Laws ch. 151
Deed transfer tax None found (no state statute found)
Mortgage/indebtedness tax None (no state statute)
Countersignature Policies must be countersigned by a holder of county tract indexes or abstract records (with exceptions) Idaho Code § 41-2702
Title premium regulation Rates filed; 30-day public inspection; approval with or without hearing Idaho Code § 41-2707

1. Mechanic's Lien Rules

Plain English

An Idaho lien claimant records a verified claim of lien with the county recorder within 90 days after completing its labor, services, or materials, and serves a copy on the owner within 5 business days after recording. The lien expires 6 months after recording unless suit is filed (a payment or a recorded credit extension restarts the clock). Liens are equal within their class regardless of filing date, and they are preferred to any mortgage or encumbrance that attached after the work commenced or that was unrecorded and unknown at that time. Residential work may require a contractor disclosure under § 45-525.

Key Rules

Claim (Idaho Code § 45-507). 90 days; verified; served within 5 business days; prevailing-party fees.

Priority (Idaho Code § 45-506). From commencement; equal within class.

Duration (Idaho Code § 45-510). 6 months after filing.

Residential disclosure (Idaho Code § 45-525). Before a residential contract over $2,000, the general contractor must give the homeowner or purchaser a disclosure statement with a signed acknowledgment; a claim for such work must include proof of the disclosure (§ 45-507(3)(e)).

Practice Points

  1. Find the commencement date before insuring a construction loan.
  2. Count 6 months from recording; expired liens can be cleared.
  3. Get the § 45-525 disclosure on residential jobs.

Citations

2. Execution and Notarization Requirements for Recording

Plain English

Idaho deeds are acknowledged and recorded with the county recorder. Idaho is a race-notice state: an unrecorded conveyance is void against a later good-faith purchaser or mortgagee for value whose conveyance is recorded first (Idaho Code § 55-812). No Idaho real estate transfer tax statute was found. The filed Bedell case is a reminder that a name on a deed only presumes equal ownership. Idaho's notary law (Revised Uniform Law on Notarial Acts) allows notarial acts for remotely located individuals using audio-video communication technology (Idaho Code § 51-114A).

Key Rules

  • No transfer tax. No statute found.
  • Recording act (Idaho Code § 55-812). Unrecorded conveyance void against a later good-faith purchaser or mortgagee for value who records first (leases of 1 year or less excepted).
  • Remote notarization (Idaho Code § 51-114A). Notarial acts for remotely located individuals.

Practice Points

  1. Record promptly.
  2. Accommodation co-owners: document intent (Bedell v. Parsons, No. 51892 (Idaho 2026)).
  3. Check remote notarization compliance.

Citations

3. Securing Future Advances

Plain English

Idaho Code § 45-108 gives future-advance priority to mortgages and deeds of trust. In Liberty Bankers Life Ins. Co. v. Witherspoon, Kelley, Davenport & Toole, P.S., 159 Idaho 679, 365 P.3d 1033 (2016), the Idaho Supreme Court held the statute did not apply to deeds of trust. The legislature responded in 2024 (2024 Idaho Sess. Laws ch. 151); § 45-108(5) and (6) now provide that obligations secured by deeds of trust are covered and that deeds of trust are subject to all of § 45-108. Optional advances still lose priority to a later lien the lender actually knew of when making the advance; obligatory advances and advances to preserve the property keep priority regardless (§ 45-108(3)). Section 45-116 (priority for certain modifications) also covers deeds of trust.

Key Rules

  • Future advances (Idaho Code § 45-108). Mortgages and, since the 2024 amendment, deeds of trust (§ 45-108(5), (6)); actual-notice exception for optional advances (§ 45-108(3)).
  • Liberty Bankers (2016) held deeds of trust were outside the statute; the 2024 amendment changed that result.
  • Modifications (Idaho Code § 45-116). Rate adjustments and deferred-interest increases don't affect priority if the recorded instrument discloses them; "mortgage" includes deed of trust.

Practice Points

  1. Credit-line deeds of trust: check for intervening liens before each advance.
  2. Junior liens: don't assume the first deed of trust's later advances are senior.
  3. Modifications: check § 45-116 before insuring priority.

Citations

4. Subdivision Statutes and Regulations

Plain English

Idaho plats are governed by Idaho Code Title 50, Chapter 13 (plats and vacations). An owner creating a subdivision must survey it and record a plat (§ 50-1302). A plat inside a city needs city approval; outside a city, the county commissioners approve it; and the recorder won't accept a plat without the required approvals and a county treasurer's certification within 30 days before recording (§ 50-1308). The filed Stasiewicz and Smallwood cases show that easement and restriction issues can survive or fail regardless of what the recorded documents say.

Key Rules

  • Plats (Idaho Code §§ 50-1302, 50-1308). Survey and recorded plat required; city or county approval; treasurer's certification within 30 days before recording.
  • Restraints on alienation (Smallwood v. Little, No. 52011 (Idaho Jan. 22, 2026)).
  • Implied easements (Stasiewicz v. South Henry's Lake, No. 52313 (Idaho Jan. 6, 2026)).

Practice Points

  1. New lot? Get the approved, recorded plat.
  2. Restrictions on who can buy or mortgage may be void (filed Smallwood).
  3. A restricted express easement doesn't end implied rights (filed Stasiewicz).

Citations

5. Title Premium Rates

Plain English

Idaho title insurers (or rating organizations) file their rate schedules, classifications, and rules with the Director of Insurance. A filing must propose an effective date and is open for 30 days of public inspection and comment; the Director may approve it without a hearing if it meets the rate standards in § 41-2706, or hold a hearing. Idaho also requires a policy to be countersigned by someone who owns and maintains tract indexes or abstract records for the county (unless the insurer maintains them itself or none exist), which ties title insurance to local title plants.

Key Rules

  • Rate filing (Idaho Code § 41-2707). 30-day inspection; approval.
  • Countersignature (Idaho Code § 41-2702). Local tract index or abstract plant.
  • Rules (IDAPA 18.05.01). Premium rates and their application.

Practice Points

  1. Quote only from the company's filed Idaho schedule.
  2. Confirm the countersigning agent maintains a county plant.
  3. Separate risk and service portions as the rules require.

Citations

6. Recording Taxes & Fees on Deeds and Mortgages

Plain English

No Idaho transfer tax or mortgage tax statute was found. Recording fees are the only government charge.

Key Rules

(a) Deed transfer, conveyance or excise tax

  • None found. No state real estate transfer tax statute was found.

(b) Mortgage, indebtedness or intangible tax

  • None found. No Idaho statute imposing a mortgage, indebtedness or intangible tax was found, so future advances, credit lines, refinances and modifications carry only recording fees.

(c) Other recording taxes and fees

  • Recording fees (Idaho Code § 31-3205): deeds $15; trust deeds or mortgages $45; reconveyances and releases $15 (each for 30 pages or less, then $3 per page); other instruments $10 for the first page and $3 for each additional page.

Practice Points

  1. Collect recording fees only.

Citations

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