614.17 Claims to real estate antedating 1980.
1. An action based upon a claim arising or existing prior to January 1, 1980, shall not be maintained, either at law or in equity, in any court to recover real estate in this state or to recover or establish any interest in or claim to real estate, legal or equitable, against the holder of the record title to the real estate in possession, when the holder of the record title and the holder’s immediate or remote grantors are shown by the record to have held chain of title to the real estate, since January 1, 1980, unless the claimant in person, or by the claimant’s attorney or agent, or if the claimant is a minor or under legal disability, by the claimant’s guardian, trustee, or either parent, within one year from and after July 1, 1991, files in the office of the recorder of deeds of the county in which the real estate is situated, a statement in writing, which is duly acknowledged, definitely describing the real estate involved, the nature and extent of the right or interest claimed, and stating the facts upon which the claim is based.
2. For the purposes of this section, section 614.17A, and sections 614.18 through 614.20, a person who holds title to real estate by will or descent from a person who held the title of record to the real estate at the date of that person’s death or who holds title by decree or order of a court, or under a tax deed, trustee’s, referee’s, guardian’s, executor’s, administrator’s, receiver’s, assignee’s, master’s in chancery, or sheriff’s deed, holds chain of title the same as though holding by direct conveyance.
3. For the purposes of this section and section 614.17A, such possession of real estate may be shown of record by affidavits showing the possession, and when the affidavits have been filed and recorded, it is the duty of the recorder to index the applicable entries specified in sections 558.49 and 558.52 and to index the name of the owner in possession, as named in the affidavits, and in like manner, the affidavits may be filed and recorded where any action was barred on any claim by this section as in force prior to July 1, 1991.
[C24, 27, 31, 35, 39, §11024; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §614.17]
91 Acts, ch 183, §36; 2007 Acts, ch 101, §5; 2021 Acts, ch 80, §355
Referred to in §614.17A, 614.19, 614.20
Subsection 2 amended
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Chapter 614 - LIMITATIONS OF ACTIONS
Section 614.2 - Death of party to be charged.
Section 614.4 - Fraud — mistake — trespass.
Section 614.4A - Identity theft.
Section 614.6 - Nonresident or unknown defendant.
Section 614.7 - Bar in foreign jurisdiction.
Section 614.8 - Minors and persons with mental illness.
Section 614.8A - Damages for child sexual abuse — time limitation.
Section 614.9 - Exception in case of death.
Section 614.10 - Failure of action.
Section 614.11 - Admission in writing — new promise.
Section 614.12 - Counterclaim.
Section 614.13A - Definitions.
Section 614.14 - Real estate interest transferred by trustee.
Section 614.14A - Real estate interests transferred by entities.
Section 614.15 - Spouse failing to join in conveyance.
Section 614.16 - Interpretative clause.
Section 614.17 - Claims to real estate antedating 1980.
Section 614.17A - Claims to real estate after 1992.
Section 614.18 - Claim recorded and indexed.
Section 614.18A - Judgment and decree affecting real property.
Section 614.19 - Inapplicability of provision regarding minors and persons with mental illness.
Section 614.20 - Limitation on Act.
Section 614.21 - Foreclosure of ancient mortgages.
Section 614.22 - Action affecting ancient deeds.
Section 614.23 - How possession established.
Section 614.24 - Reversion or use restrictions on land — preservation.
Section 614.25 - Effect of filing claim.
Section 614.27 - Persons under disability.
Section 614.28 - Barred claims.
Section 614.30 - Construction liberal.
Section 614.31 - Forty-year chain of title.
Section 614.32 - What interests and rights subject.
Section 614.33 - Free and clear of other interests not stated.
Section 614.34 - Preserving interest during forty-year period.
Section 614.35 - Recording interest.
Section 614.36 - Lessors, reversioners, and easements.