614.34 Preserving interest during forty-year period.
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.
[C71, 73, 75, 77, 79, 81, §614.34]
Referred to in §257B.28, 455I.9, 457A.2, 614.32, 614.35
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.