Idaho Bargain and Sale Deed

Idaho Bargain and Sale Deed with covenant clause
Clause: And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises.
Meaning: The grantor (seller) affirms they own the property outright ("fee simple"), the highest form of ownership, without time limits or reversion to a prior owner.
This implies the grantor has the legal authority to sell the property.

Idaho Code § 55-604:
Presumption of Fee Simple Ownership: "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."

Clause: "That they are free from all encumbrances"
The grantor guarantees that there are no legal claims, liens, mortgages, easements, unpaid taxes, or any other restrictions (encumbrances) on the property that would negatively affect the grantee's ownership.

However, this assurance applies only to encumbrances that occurred during the grantor’s ownership of the property. It does not cover encumbrances that existed prior to the grantor acquiring the property unless explicitly stated.

Meaning in Practice
Limited Guarantee:
A bargain and sale deed typically offers a limited warranty compared to a warranty deed. In this case, the grantor guarantees only:
That they currently own the property in fee simple.
That they have not caused any encumbrances during their ownership.
The grantor does not guarantee the property is free from defects or encumbrances created by prior owners.

Grantor’s Liability: If an encumbrance or title issue arises that the grantor created or allowed during their ownership, the grantee could hold the grantor liable. However, issues that predate the grantor’s ownership would not be the grantor’s responsibility unless explicitly stated.

Common Use:
Often used in tax sales, foreclosures, or transactions where the buyer knows the grantor and understands the risks (such as between family members or in trustee sales).
The buyer may obtain title insurance to protect against potential issues with the title.

Recording: The deed must be properly recorded with the county recorder's office to provide public notice of the transaction