55-604. FEE PRESUMED TO PASS. A fee simple title is presumed to be intended to pass by a grant of real property unless it appears from the grant that a lesser estate was intended.
History:
[(55-604) 1863, p. 528, sec. 43; R.S., sec. 2927; reen. R.C. & C.L., sec. 3112; C.S., sec. 5376; I.C.A., sec. 54-604.]
Structure Idaho Code
Title 55 - PROPERTY IN GENERAL
Chapter 6 - TRANSFER OF REAL PROPERTY
Section 55-601 - CONVEYANCE — HOW MADE.
Section 55-602 - CONVEYANCE BY ATTORNEY IN FACT.
Section 55-603 - EASEMENTS PASS WITH PROPERTY — EASEMENTS IN GROSS OF A COMMERCIAL CHARACTER.
Section 55-604 - FEE PRESUMED TO PASS.
Section 55-605 - ACQUISITION OF SUBSEQUENT TITLE BY GRANTOR.
Section 55-606 - CONCLUSIVENESS OF CONVEYANCE — BONA FIDE PURCHASERS.
Section 55-607 - UNAUTHORIZED GRANT BY LIFE TENANT.
Section 55-608 - DEFEAT OF GRANT ON CONDITION SUBSEQUENT.
Section 55-609 - GRANT ON CONDITION PRECEDENT.
Section 55-610 - GRANT OF RENTS, REVERSIONS, OR REMAINDERS.
Section 55-611 - GRANT OF LAND BOUNDED BY HIGHWAY.
Section 55-612 - COVENANTS IMPLIED FROM GRANT.
Section 55-613 - ENCUMBRANCES DEFINED.
Section 55-614 - LINEAL AND COLLATERAL WARRANTIES ABOLISHED.
Section 55-615 - SOLAR EASEMENTS.
Section 55-616 - PROHIBITION AND REMOVAL OF RESTRICTIVE COVENANTS.
Section 55-617 - APPURTENANT WATER RIGHTS AND WATER ENTITLEMENTS AND OBLIGATIONS PASS WITH PROPERTY.