§ 614.34 — Preserving interest during forty-year period

Iowa § 614.34

• Jurisdiction: Iowa
• Title XV: JUDICIAL BRANCH AND JUDICIAL PROCEDURES
• Ch. 614: LIMITATIONS OF ACTIONS

Text

1. Any person claiming an interest in land may preserve and keep effective such interest
by filing for record during the forty-year period immediately following the effective date of
the root of title of the person whose record title would otherwise be marketable, a notice in
writing duly verified by oath or affirmation setting forth the nature of the claim. No disability
or lack of knowledge of any kind on the part of anyone shall suspend the running of said

forty-year period. Such notice may be filed for record by the claimant or by any other person
acting on behalf of any claimant who is:
a. Under a disability,
b. Unable to assert a claim on the claimant’s own behalf, or
c. One of a class, but whose identity cannot be established or is uncertain at the time of
filing such notice of claim for record.
2. If the same record owner of any possessory interest in land has been in possession
of such land continuously for a period of forty years or more, during which period no title
transaction with respect to such interest appears of record in the chain of title, and no notice
has been filed by the record owner or on the record owner’s behalf as provided in subsection
1, and such possession continues to the time when marketability is being determined, such
period of possession shall be deemed equivalent to the filing of the notice immediately
preceding the termination of the forty-year period described in subsection 1.

Legislative History

[C71, 73, 75, 77, 79, 81, §614.34]