31-2417. LIABILITY FOR NEGLECT. (1) If any recorder to whom an instrument, proved or acknowledged according to law, or any paper or notice which may by law be recorded, is delivered for record:
(a) Neglects or refuses without any legal basis to record such instrument, paper or notice within a reasonable time after receiving the same; or
(b) Records any instruments, papers or notices untruly, or in any other manner than as hereinbefore directed; or
(c) Neglects or refuses to keep in his office such indexes as are required by this chapter, or to make the proper entries therein; or
(d) Alters, changes or obliterates any records deposited in his office or inserts any new matter therein.
He is liable to the party aggrieved for the amount of the damages which may be occasioned thereby.
(2) Under no circumstances shall a recorder be liable for the release of any recorded information pursuant to a request and payment of fees.
History:
[(31-2417) 1863, p. 475, sec. 77; R.S., sec. 2033; reen. R.C. & C.L., sec. 2076; C.S., sec. 3649; I.C.A., sec. 30-1917; am. 1989, ch. 90, sec. 9, p. 214; am. 2005, ch. 243, sec. 7, p. 760.]
Structure Idaho Code
Title 31 - COUNTIES AND COUNTY LAW
Section 31-2401 - BOOKS TO BE PROCURED — CUSTODY.
Section 31-2402 - INSTRUMENTS TO BE RECORDED.
Section 31-2402A - MICROFILM RECORDS — METHOD OF DESIGNATION — OFFICIAL RECORDS.
Section 31-2404 - INDEXES TO BE KEPT.
Section 31-2405 - INDEXING OFFICIAL DEEDS.
Section 31-2406 - CERTIFICATES OF SALE.
Section 31-2407 - JUDGMENTS AFFECTING LAND.
Section 31-2408 - DECREE OF PARTITION — RECORD IMPARTS NOTICE.
Section 31-2409 - SEVERAL INDEXES IN SAME VOLUME.
Section 31-2410 - ENDORSEMENT ON INSTRUMENTS.
Section 31-2411 - ENDORSEMENT OF BOOK AND PAGE OF RECORD — DELIVERY TO PARTY.
Section 31-2412 - NUMBER TO BE STAMPED ON INSTRUMENTS.
Section 31-2413 - RECEPTION BOOK.
Section 31-2414 - CERTIFICATE OF TIME OF RECEPTION.
Section 31-2415 - FAILURE TO RECORD INSTRUMENT PROPERLY — LIABILITY AND PENALTY.
Section 31-2417 - LIABILITY FOR NEGLECT.