Benewah County Quitclaim Deed (Corrective) Form

Most deeds open a story in the records; this one returns to a story already told and fixes a line of it, a quitclaim deed that reached an Idaho recorder with a name spelled wrong or a plat reference pointing at the wrong instrument. The form names that deed by its instrument number, sets the text as recorded beside the text as corrected, and releases the Grantor's interest on the corrected terms.

The correction Idaho wrote a statute for, and the one it did not

Idaho enacts no corrective deed statute. No correction chapter sits in Title 55, so a deed of correction draws on the ordinary conveyancing sections, among them Idaho Code Section 55-813, which reaches every written instrument by which title to real property may be affected. What Idaho does supply is a statutory affidavit: under Idaho Code Section 55-816, an affidavit as to the identification of plats or descriptions of real property may be recorded when the grantor and grantee named in the document of transfer sign it, or, where the grantor is unavailable, when the grantee signs it and it is indexed under both names. That sworn affidavit is prepared separately and not included here.

Two instruments, one conveyance

Nothing leaves the record when a correction is filed: the earlier deed keeps its place in the index, the correction takes a place of its own, and a title examiner reads the pair. Section 3 pins the earlier deed down with four entries from the recorder's stamp, its date, its recording date, its instrument number, and the county. Sections 5 and 6 then run in parallel, the matter as the recorded deed states it and that matter as corrected, and Section 7 quitclaims a second time without new consideration, leaving every other term as written.

Correcting a quitclaim without picking up a covenant

A correction inherits the posture of the deed it corrects. Idaho Code Section 55-612 loads two covenants onto the word grant unless a conveyance restrains them expressly, so Section 7 uses remises, releases, and forever quitclaims, then restrains both covenants by name. Judgment liens, deeds of trust, and easements come through untouched, and this quitclaim deed, also spelled quit claim deed and searched as a correction deed, warrants nothing about the title.

The other route Idaho counties describe

Idaho recorders handle corrections two ways. The Idaho Recorder's Manual treats a re-recording request as an already recorded document run through the recording steps a second time, under county intake rules: Bonner County publishes that the document is the original, carries its earlier recording information and the reason for the correction just above or below the title, carries initials at each change, and covers minor corrections only. A corrective deed is the other route: newly executed, newly acknowledged, separately indexed, and headed by a line stating its corrective purpose where those rules look for it.

What the corrective configuration carries

The form recites two parties, the parties of the recorded deed: one Grantor, its grantor, and one Grantee, its grantee, carrying the complete mailing address Idaho Code Section 55-601 puts on an Idaho conveyance. One signature block follows, with one certificate on the short form of Idaho Code Section 51-116, and the Grantee signs nothing, a grantee taking under a deed being no executing party. A grantee name that reached the record with a letter added, an address blank left empty against Section 55-601, and a lot or block number carried over wrong from the source deed are the patterns this deed recites. Adding or removing a party, or changing how title is held, alters what was conveyed rather than how the conveyance was written; the form is not set up as that instrument, nor as the two-signer deed Idaho Code Sections 32-912 and 55-1007 describe for community real estate and a married person's homestead.

At the recorder's counter

Idaho Code Section 55-808 sends the acknowledged instrument to the recorder for the county holding the land, where Section 31-3205 prices a conveyance of thirty pages or fewer at fifteen dollars. The correction pays that fee on its own and takes its own reception time, which counts where competing claims sort by who records first in good faith and for value.

Three files arrive together: the fillable corrective deed, a completed example running a Jefferson County name correction through every entry, and a guide to the sections, the certificate, and recording. These materials are informational, not legal advice; a specific recorded error belongs with an Idaho attorney.