Idaho Easement Deed

County Specific Legal Forms Validated as recently as April 28, 2026 by our Forms Development Team

About the Idaho Easement Deed

Idaho Easement Deed
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How to Use This Form

  1. Select your county from the list on the left
  2. Download the county-specific form
  3. Fill in the required information
  4. Have the document notarized if required
  5. Record with your county recorder's office

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An easement is the right or interest to use another's land for a specific purpose. An easement deed is the instrument in writing which entitles the holder to a privilege or benefit, such as to place access points, pipe lines, or roads on another's land. Easements can be temporary or permanent. An easement in Idaho can also be obtained for the purpose of exposure of a solar energy device to sunlight, which is known as a solar easement. This type of easement is created in writing and is subject to the same requirements as other easements (55-615). A conservation easement can also be created in Idaho, and must also conform to the laws for other easements and conveyances (55-2101).

A transfer of real property in this state will pass all the easements attached to the land, and will create in favor thereof an easement to use other real property of the person whose estate is transferred, in the same manner and to the same extent as such property was obviously and permanently used by the person whose estate is transferred, for the benefit thereof, at the time when the transfer was completed or agreed upon (55-603).

In order for an easement deed to be eligible for recording, it must be signed by the grantor and acknowledged according to law. If not acknowledged, the execution of the easement deed can be proved in a manner dictated by statute (55-718). Easement deeds that have been executed and acknowledged in a state other than Idaho are entitled to be recorded by a county recorder in Idaho if they have been executed and acknowledged according to the laws of the state wherein such acknowledgements were made (55-805). Easements deeds must contain a proper certificate of acknowledgement in order to be recorded in this state, regardless of where they were acknowledged. Acknowledgements can be made before any of the officers listed in 55-701 of the Idaho Revised Statutes and must also meet the requirements as set forth in 55-707.

If left unrecorded, an easement deed is void as against any subsequent purchaser or mortgagee of the same property, or part thereof, in good faith and for a valuable consideration, whose conveyance is first duly recorded (55-812). However, an unrecorded easement deed is valid between the parties to it and those who have notice of it (55-815). Easement deeds and other instruments affecting the title to real property that are acknowledged or proved, and certified, and recorded as prescribed by law, from the time they are filed with the recorder, are constructive notice of the contents to subsequent purchasers and mortgagees. Easement deeds should be recorded by the county recorder of the county where the property is located (55-808).

How to Use This Form

  1. Select your county from the list above
  2. Download the county-specific form
  3. Fill in the required information
  4. Have the document notarized if required
  5. Record with your county recorder's office

What Others Like You Are Saying

— Charles F.

"I am happy with the document but did not know that it would still have to go before the court. Thoug…"

— Katherine A R.

"It's very easy to navigate through the website to find the service that you want. Great program."

— Janice U.

"So far everything is going really well. Thank you!"

— Kenneth C.

"Great forms, easy to use if you have at least a sixth grade education."

— Donna P.

"Your documents were very helpful. I went ahead and filled in all the info for the Release of Lien do…"

Common Uses for Easement Deed

  • Allow a neighbor to use a portion of your land for parking
  • Terminate an easement that is no longer needed
  • Allow access to a shared well, pond, or water source
  • Grant temporary construction access across your property
  • Grant access for maintenance of a shared fence or wall
  • Establish a conservation or preservation easement
  • Establish access to a property through a private road

Important: County-Specific Forms

Our easement deed forms are specifically formatted for each county in Idaho.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.