614.17A  Claims to real estate after 1992.

1.  After July 1, 1992, an action shall not be maintained in a court, either at law or in equity, in order to recover or establish an interest in or claim to real estate if all the following conditions are satisfied:

a.  The action is based upon a claim arising more than ten years earlier or existing for more than ten years.

b.  The action is against the holder of the record title to the real estate in possession.

c.  The holder of the record title to the real estate in possession and the holder's immediate or remote grantors are shown by the record to have held chain of title to the real estate for more than ten years.

2.  The claimant within ten years of the date on which the claim arose or first existed must file with the county recorder in the county where the real estate is located a written statement which is duly acknowledged and definitely describes the real estate involved, the nature and extent of the right of interest claimed, and the facts upon which the claim is based. The claimant must file the statement in person or by the claimant's attorney or agent. If the claimant is a minor or under a legal disability, the statement must be filed by the claimant's guardian, trustee, or by either parent.

The filing of a claim shall extend for a further period of ten years the time within which such action may be brought by any person entitled to bring the claim. The person may file extensions for successive claims.

3.  Nothing in this section shall be construed to revive any cause of action barred by section 614.17.

Section History: Recent form

  91 Acts, ch 183, §37

Internal References

  Referred to in § 614.17, 614.19, 614.20


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