2009 Iowa Code
Title 15 - Judicial Branch and Judicial Procedures
Subtitle 3 - Civil Procedure
CHAPTER 614 - LIMITATIONS OF ACTIONS
614.34 - PRESERVING INTEREST DURING FORTY-YEAR PERIOD.

        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.  
         Section History: Early Form
         [C71, 73, 75, 77, 79, 81, § 614.34]
         Referred to in § 257B.28, 455I.9, 457A.2, 614.32

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