Deeds — recitals — rebuttable and conclusive presumptions.
649.8
Construction of Act.
649.1
Who may bring action.
An action to determine and quiet the title of real property may be brought by anyone, whether in or out of possession, having
or claiming an interest therein, against any person claiming title thereto, though not in possession.
The petition therefor must be under oath, setting forth the nature and extent of the petitioner’s estate, and describing the
premises as accurately as may be, and that the petitioner is credibly informed and believes the defendant makes or may make
some claims adverse to the petitioner, and praying for the establishment of the plaintiff’s estate, and that the defendant
be barred and forever estopped from having or claiming any right or title to the premises adverse to the plaintiff.
The notice in such action shall accurately describe the property, and, in general terms, the nature and extent of the plaintiff’s
claim, and shall be served as in other cases.
If the defendant appears and disclaims all right and title adverse to the plaintiff, the defendant shall recover the defendant’s
costs. In all other cases the costs shall be in the discretion of the court.
1.Before bringing suit to quiet a title to real estate, a party may make a written request to the person holding an apparent
adverse interest or right in the property asking that such person, and that person’s spouse if any, execute, have acknowledged,
and deliver a quitclaim deed to the property to such requesting party.
2.The written request described in subsection 1 shall include a draft quitclaim deed to the property, the street address of the property, a brief explanation of how the
apparent adverse interest or right arose, if known, and why the party believes the interest or right is not a valid claim
against title, a copy of this section, a self-addressed stamped envelope, and fifty dollars to cover the expense of the execution, acknowledgment, and delivery
of the deed.
3.If the person holding an apparent adverse interest or right in the property fails to comply within twenty days of receiving
the written request, the filing of a disclaimer of interest or right shall not avoid the costs in an action afterwards brought,
and the court may assess, in addition to the ordinary costs of court, a reasonable attorney fee for the requesting party’s
attorney.
In all other respects, the action contemplated in this chapter shall be conducted as other actions by equitable proceedings, so far as the same may be applicable, with the modifications
prescribed.
Deeds — recitals — rebuttable and conclusive presumptions.
In the proof of title to real estate derived from deeds or other conveyances affecting real estate, executed prior to January
1, 1905, where it appears from recitals therein that such deeds or other conveyances have been executed in pursuance to a
contract assigned by the original vendee or the vendee’s assignee to the grantee in such deeds or other conveyances, the recitals
thereof shall be presumptive evidence of the truth of said recitals, and of the fact of said assignment, and that such assignment
was made in good faith for a valuable consideration, and no action shall be maintained by such original vendee, assignee,
or any person or persons holding by, through, or under such vendee or assignee, against the grantee in said deed or other
conveyance, and the grantee’s grantees in the record chain of title, and said recitals shall be conclusive evidence of the
fact of such assignment and that it was made in good faith and for a valuable consideration.