House Study Bill 208 HOUSE FILE BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON PAULSEN) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to an action to quiet title of real property and 2 the doctrine of adverse possession. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1931HC 81 5 rh/sh/8 PAG LIN 1 1 Section 1. NEW SECTION. 649.9 ADVERSE POSSESSION ACTION. 1 2 1. In an action to quiet title based upon the doctrine of 1 3 adverse possession, a party claiming title shall prove by a 1 4 preponderance of the evidence that the adverse possessor has 1 5 been in hostile, actual, open, exclusive, and continuous 1 6 possession of the real property under either claim of right or 1 7 color of title for at least ten years and that the adverse 1 8 possessor has paid the property taxes assessed on the real 1 9 property for such a period. 1 10 2. For purposes of this section, "claim of right" means 1 11 the actual occupation, use, and improvement of the property by 1 12 the adverse possessor in such a manner as to put the 1 13 titleholder of the real property on notice as to the adverse 1 14 possessor's claim for possession of the real property. 1 15 Sec. 2. APPLICABILITY DATE. This Act applies only to an 1 16 action to quiet title based upon the doctrine of adverse 1 17 possession commenced on or after the effective date of this 1 18 Act. 1 19 EXPLANATION 1 20 This bill relates to an action to quiet title of real 1 21 property and the doctrine of adverse possession. 1 22 The bill provides that, in an action to quiet title based 1 23 upon the doctrine of adverse possession, a party claiming 1 24 title shall prove by a preponderance of the evidence that the 1 25 adverse possessor has been in hostile, actual, open, 1 26 exclusive, and continuous possession of the real property 1 27 under either claim of right or color of title for at least 10 1 28 years and that the adverse possessor has paid the property 1 29 taxes assessed on the real property for such a period. For 1 30 the purposes of this bill, "claim of right" means the actual 1 31 occupation, use, and improvement of the property by the 1 32 adverse possessor in such a manner as to put the titleholder 1 33 of the real property on notice as to the adverse possessor's 1 34 claim for possession of the real property. 1 35 The bill applies only to an action to quiet title based 2 1 upon the doctrine of adverse possession commenced on or after 2 2 the effective date of the bill. 2 3 LSB 1931HC 81 2 4 rh:rj/sh/8