# Idaho Code § 55-3003: 55-3003 NATURE OF RIGHTS — SUBORDINATION OF INTERESTS

> Idaho · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_ID_T55_C30_S55-3003

## Section

- **Citation:** Idaho Code § 55-3003
- **Heading:** 55-3003 NATURE OF RIGHTS — SUBORDINATION OF INTERESTS
- **Jurisdiction:** Idaho
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Idaho Code / Title 55 / Chapter 30 / Section 55-3003

## Text

55-3003. Nature of rights — Subordination of interests. (1) Any person, including a person that owns an interest in the real property, the agency, or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one (1) holder. The interest of a holder is an interest in real property.

(2) A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, is not an interest in real property.

(3) An agency is bound by any obligation it assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights, or protections granted or imposed under law other than this chapter except as provided in the covenant.

(4) The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended:

(a) An interest that has priority under other law is not affected by an environmental covenant unless the person that owns the interest subordinates that interest to the covenant.

(b) This chapter does not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant.

(c) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing board of the owners' association.

(d) An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person's interest but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant.

History:

[55-3003, added 2006, ch. 15, sec. 1, p. 36.]

## Nearby sections

- [Idaho Code § 55-3001 55-3001 SHORT TITLE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T55_C30_S55-3001.md)
- [Idaho Code § 55-3002 55-3002 DEFINITIONS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T55_C30_S55-3002.md)
- [Idaho Code § 55-3003 55-3003 NATURE OF RIGHTS — SUBORDINATION OF INTERESTS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T55_C30_S55-3003.md)
- [Idaho Code § 55-3004 55-3004 CONTENTS OF ENVIRONMENTAL COVENANT.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T55_C30_S55-3004.md)
- [Idaho Code § 55-3005 55-3005 VALIDITY — EFFECT ON OTHER INSTRUMENTS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T55_C30_S55-3005.md)
- [Idaho Code § 55-3006 55-3006 RELATIONSHIP TO OTHER LAND USE LAW.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T55_C30_S55-3006.md)
- [Idaho Code § 55-3007 55-3007 NOTICE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T55_C30_S55-3007.md)
- [Idaho Code § 55-3008 55-3008 RECORDING.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T55_C30_S55-3008.md)
- [Idaho Code § 55-3009 55-3009 DURATION — AMENDMENT BY COURT ACTION.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T55_C30_S55-3009.md)
- [Idaho Code § 55-3010 55-3010 AMENDMENT OR TERMINATION BY CONSENT.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T55_C30_S55-3010.md)
- [Idaho Code § 55-3011 55-3011 ENFORCEMENT OF ENVIRONMENTAL COVENANT.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T55_C30_S55-3011.md)
- [Idaho Code § 55-3012 55-3012 REGISTRY — SUBSTITUTE NOTICE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T55_C30_S55-3012.md)
- [Idaho Code § 55-3013 55-3013 UNIFORMITY OF APPLICATION AND CONSTRUCTION.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T55_C30_S55-3013.md)
- [Idaho Code § 55-3014 55-3014 RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T55_C30_S55-3014.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ID_T55_C30_S55-3003. Check the current official text before relying on it. Not legal advice.