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.]
Structure Idaho Code
Title 55 - PROPERTY IN GENERAL
Chapter 8 - RECORDING TRANSFERS
Section 55-801 - WHAT MAY BE RECORDED.
Section 55-802 - RECORDING JUDGMENTS.
Section 55-803 - UNITED STATES PATENTS.
Section 55-804 - NOTICES OF LOCATION.
Section 55-805 - ACKNOWLEDGMENT NECESSARY TO AUTHORIZE RECORDING.
Section 55-806 - POWER MUST BE RECORDED BEFORE CONVEYANCE BY ATTORNEY.
Section 55-807 - RECORDER’S FEE TO BE ENDORSED ON INSTRUMENT AND RECORD.
Section 55-808 - PLACE OF RECORD.
Section 55-809 - WHEN DEEMED RECORDED.
Section 55-810 - BOOKS OF RECORD.
Section 55-811 - RECORD AS NOTICE.
Section 55-812 - UNRECORDED CONVEYANCE VOID AGAINST SUBSEQUENT PURCHASERS.
Section 55-813 - CONVEYANCE DEFINED.
Section 55-814 - REVOCATION OF POWER TO BE RECORDED.
Section 55-815 - UNRECORDED INSTRUMENTS VALID BETWEEN PARTIES.
Section 55-817 - DURATION OF NOTICE.
Section 55-818 - RECORDING OF SUMMARY OF INSTRUMENT — EFFECT.
Section 55-820 - PROHIBITION AND REMOVAL OF RESTRICTIVE COVENANTS.