558.5 Contract for deed — presumption of abandonment.
1. When the record shows that a contract or bond for a deed was executed more than ten years earlier, the contract or bond shall be deemed abandoned by the vendee and void and the land shall be freed from any lien or defect on account of the contract or bond in any of the following situations:
a. The record does not indicate the contract or bond has been performed and more than ten years have elapsed since the contract or bond by its terms was to be performed.
b. A performance date for the contract or bond is not stated in the contract or bond or any extensions thereof and more than twenty years have elapsed from the date the contract or bond was executed.
2. This section shall apply to a contract or bond described in this section if the contract or bond is not filed of record but is referred to in another instrument which is filed of record. The contract or bond shall be deemed abandoned by the vendee ten years from the date that the contract or bond is to be performed according to the recorded instrument. However, if the recorded instrument does not refer to a performance date for the contract or bond, the contract or bond shall be deemed abandoned twenty years after the date that the instrument containing the reference is recorded.
3. This section shall not apply to a vendee or a vendee’s successor in interest if the vendee or the vendee’s successor in interest is in possession of the property or has been continuously paying the total amount due, as defined in section 445.1, of the taxes levied against the property for the preceding five years.
[S13, §2963-j; C24, 27, 31, 35, 39, §10070; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §558.5]
91 Acts, ch 183, §8; 2013 Acts, ch 83, §1
Structure Iowa Code
Section 558.1 - “Instruments affecting real estate” defined — revocation.
Section 558.2 - Corporation having seal.
Section 558.3 - Corporation not having seal.
Section 558.5 - Contract for deed — presumption of abandonment.
Section 558.6 - Given names — variation — effect.
Section 558.7 - Assignment of certificate of entry deemed deed.
Section 558.8 - Affidavits explanatory of title — presumption.
Section 558.9 - Railroad land grants — duty to record.
Section 558.10 - Patents covering land in different counties.
Section 558.11 - Record — constructive notice.
Section 558.12 - Transcript of instruments.
Section 558.13 - Transcript recorded.
Section 558.14 - Grantor described as “spouse” or “heir” — presumption.
Section 558.15 - Official stamps of nonresident public notaries — presumption.
Section 558.18 - Certification — effect.
Section 558.19 - Forms of conveyance.
Section 558.20 - Acknowledgments.
Section 558.31 - Proof of execution and delivery in lieu of acknowledgment.
Section 558.32 - Contents of certificate.
Section 558.35 - Married persons.
Section 558.36 - Attorney in fact.
Section 558.40 - Liability of officer.
Section 558.42 - Acknowledgment as condition precedent.
Section 558.44 - Mandatory recordation of conveyances and leases of agricultural land.
Section 558.45 - Notation of assignment or release on index.
Section 558.46 - Mandatory recording of certain residential real estate installment sales contracts.
Section 558.48 - Transfer fee covenant — prohibition.
Section 558.49 - Index records.
Section 558.52 - Alphabetical arrangement.
Section 558.55 - Filing and indexing — constructive notice.
Section 558.57 - Entry on auditor’s transfer books.
Section 558.58 - Recorder to collect and deliver to auditor.
Section 558.59 - Final record.
Section 558.60 - Transfer and index books.
Section 558.61 - Form of transfer book.
Section 558.62 - Form of index book.
Section 558.63 - Book of plats — how kept.
Section 558.64 - Entries of transfers.
Section 558.65 - Council’s approval of certain plats.
Section 558.66 - Updating county administrative records.
Section 558.67 - Correction of books and instruments.
Section 558.68 - Perpetuities.
Section 558.69 - Groundwater hazard statement — requirements — liability.