Title XV, JUDICIAL BRANCH AND JUDICIAL PROCEDURES (Ch. 595 - 686D)

When the commencement of an action shall be stayed by injunction or statutory prohibition, the time of the continuance of such injunction or prohibition shall not be part of the time limited for the commencement of the action, except as otherwise provided in this chapter . [C73, …

As used in this chapter , unless the context otherwise requires, “book” , “list” , “record” , or “schedule” kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1 . 2000 Acts, ch 1148, §1

1. If an interest in real estate is held of record by a trustee, a bona fide purchaser acquires all rights in the real estate which the trustee and the beneficiary of the trust had and any rights of persons claiming by, through or under them, free of any adverse claim including b…

1. As used in this section , unless the context otherwise requires: a. (1) “Adverse claim” means a claim that the transfer of an interest in real estate to a transferee is invalid and should be set aside based on an allegation that the execution and delivery of a deed or real est…

1. In all cases where the holder of the legal or equitable title or estate to real estate situated within this state, prior to July 1, 1981, conveyed the real estate or any interest in the real estate by deed, mortgage, or other instrument, and the spouse failed to join in the co…

Sections 614.14 and 614.15 do not affect litigation pending on July 1, 1991, nor do they operate to revive rights or claims barred previous to that date, nor permit an action to be brought or maintained upon any claim or cause of action which is barred by a statute in force prior…

1. An action based upon a claim arising or existing prior to January 1, 1980, shall not be maintained, either at law or in equity, in any court to recover real estate in this state or to recover or establish any interest in or claim to real estate, legal or equitable, against the…

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 …

Any such claim so filed shall be recorded, and the entries required in section 614.17A and any applicable entries specified in sections 558.49 and 558.52 indexed, in the office of the recorder of the county where such real estate is situated. [C24, 27, 31, 35, 39, § 11025; C46, 5…

In an action in which the court had jurisdiction of the aggrieved party, a motion or other legal proceeding attacking the validity of the judgment or decree based on noncompliance with the requirements of rule of civil procedure 1.972 shall not affect the interests of any purchas…

The provisions of section 614.8 as to the rights of minors and persons with mental illness shall not be applicable against the provisions of sections 614.17 , 614.17A , 614.18 , and 614.20 . [C24, 27, 31, 35, 39, § 11026; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §614.19 ]…

In all cases where by the death of the party to be charged, the bringing of an action against the party’s estate shall have been delayed beyond the period provided for by statute, the time within which action may be brought against the estate is hereby extended for six months fro…

Sections 614.17 through 614.19 do not limit or extend the time within which actions by a spouse to recover dower or distributive share in real estate within this state may be brought or maintained under the provisions of section 614.15 , nor do they limit or extend the time withi…

1. An action to foreclose or enforce any real estate mortgage, bond for deed, trust deed, or contract for the sale or conveyance of real estate, after twenty years from the date thereof, as shown by the record of such instrument, shall be barred, unless either of the following: a…

1. An action shall not be maintained to set aside, cancel, annul, declare void or invalid, or to redeem from a tax deed, guardian’s deed, executor’s deed, administrator’s deed, receiver’s deed, referee’s deed, assignee’s deed, or sheriff’s deed which has been recorded in the offi…

The possession of the persons claiming title as provided for in section 614.22 may be established by affidavit recorded in the office of the recorder of the county or counties in this state in which the deed to the land referred to in said affidavit is recorded. [SS15, §3447-e; C…

1. No action based upon any claim arising or existing by reason of the provisions of any deed or conveyance or contract or will reserving or providing for any reversion, reverted interests or use restrictions in and to the land therein described shall be maintained either at law …

The filing of such claim shall extend for a further period of twenty-one years the time within which such action may be brought by any person entitled thereto, and successive claims for further like extensions may be filed. [C66, 71, 73, 75, 77, 79, 81, §614.25 ] Referred to in §…

The provisions of section 614.18 are made applicable to the provisions of sections 614.24 and 614.25 , this section , and sections 614.27 and 614.28 . [C66, 71, 73, 75, 77, 79, 81, §614.26 ] 2020 Acts, ch 1063, §327 Referred to in §455I.9 , 457A.2 , 614.27 , 614.28

The provisions of section 614.8 as to the rights of minors and persons with mental illness shall not be applicable against the provisions of sections 614.24 through 614.26 , this section , and section 614.28 . [C66, 71, 73, 75, 77, 79, 81, §614.27 ] 96 Acts, ch 1129, §113 ; 2020 …

The provisions of sections 614.24 through 614.27 , or the filing of a claim or claims under this subchapter , shall not revive or permit an action to be brought or maintained upon any claim or cause of action which is barred by any other statute. Provided further, that nothing co…

As used in this chapter : 1. “Marketable record title” means a title of record, as indicated in section 614.31 , which operates to extinguish such interests and claims, existing prior to the effective date of the root of title, as are stated in section 614.33 . 2. “Records” inclu…

No action shall be brought upon any judgment against a defendant therein, rendered in any court of record of this state, within nine years after the rendition thereof, without leave of the court for good cause shown, and, if the adverse party is a resident of this state, upon rea…

This chapter shall be liberally construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons to rely on a record chain of title as described in section 614.31 , subject only to such limitations as appear in section 614.32…

Any person who has an unbroken chain of title of record to any interest in land for forty years or more, shall be deemed to have a marketable record title to such interest as defined in section 614.29 , subject only to the matters stated in section 614.32 . A person shall be deem…

Such marketable record title shall be subject to: 1. All interests and defects which are inherent in the muniments of which such chain of record title is formed; provided however, that a general reference in such muniments, or any of them, to easements, use restrictions or other …

Subject to the matters stated in section 614.32 , such marketable record title shall be held by its owner and shall be taken by any person dealing with the land free and clear of all interests, claims or charges whatsoever, the existence of which depends upon any act, transaction…

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 wri…

To be effective and to be entitled to record, the notice referred to in section 614.34 shall contain an accurate and full description of all land affected by such notice which description shall be set forth in particular terms and not by general inclusions; but if the claim is fo…

This chapter shall not be applied to bar any lessor or lessor’s successor as a reversioner of the lessor’s right to possession on the expiration of any lease; or to bar or extinguish any easement or interest in the nature of an easement, the existence of which is apparent from or…

Nothing contained in this chapter shall be construed to extend the period for the bringing of an action or for the doing of any other required act under any statutes of limitations, nor, except as herein specifically provided, to effect the operation of any statutes governing the…

If the forty-year period specified in this chapter shall have expired prior to one year after July 1, 1969, such period shall be extended one year after July 1, 1969. [C71, 73, 75, 77, 79, 81, §614.38 ] 2004 Acts, ch 1052, §9 Referred to in §257B.28 , 455I.9 , 457A.2

In actions for relief on the ground of fraud or mistake, and those for trespass to property, the cause of action shall not be deemed to have accrued until the fraud, mistake, or trespass complained of shall have been discovered by the party aggrieved. [C51, §1660; R60, §2741; C73…

In actions for relief on the ground of identity theft under section 714.16B , the cause of action shall not be deemed to have accrued until the identity theft complained of is discovered by the party aggrieved. 2005 Acts, ch 18, §1 Referred to in §614.6

When there is a continuous, open, current account, the cause of action shall be deemed to have accrued on the date of the last item therein, as proved on the trial. [C51, §1662; R60, §2743; C73, §2531; C97, §3449; C24, 27, 31, 35, 39, § 11011; C46, 50, 54, 58, 62, 66, 71, 73, 75,…

1. The period of limitation specified in sections 614.1 through 614.5 shall be computed omitting any time when: a. The defendant is a nonresident of the state, or b. In those cases involving personal injuries or death resulting from a felony or indictable misdemeanor, while the i…

When a cause of action has been fully barred by the laws of any country where the defendant has previously resided, such bar shall be the same defense here as though it had arisen under the provisions of this chapter ; but this section shall not apply to causes of action arising …

1. The times limited for actions in this chapter , or chapter 216 , 669 , or 670 , except those brought for penalties and forfeitures, are extended in favor of persons with mental illness, so that they shall have one year from and after the termination of the disability within wh…

An action for damages for injury suffered as a result of sexual abuse which occurred when the injured person was a child, but not discovered until after the injured person is of the age of majority, shall be brought within four years from the time of discovery by the injured part…

If the person having a cause of action dies within one year next previous to the expiration of the limitation provided for, the limitation shall not apply until one year after the person’s death. [C51, §1667; R60, §2748; C73, §2536; C97, §3454; C24, 27, 31, 35, 39, § 11016; C46, …