Title XIV, PROPERTY (Ch. 555 - 594A)

1. Filing fees, as prescribed in section 557B.7 , shall accompany the application for registration, renewal of a registration, or any amendment of a registration of membership camping contracts. 2. The application for registration shall be filed with the attorney general and shal…

The following transactions are exempt from registration: 1. An offer, sale, or transfer by any one person of not more than one membership camping contract in any twelve-month period. 2. An offer or sale by a government, government agency, or other subdivision of government. 3. A …

1. The application for registration automatically becomes effective upon the expiration of forty-five calendar days following filing of a completed application with the attorney general unless one of the following occurs: a. The application is denied under section 557B.6 . b. The…

1. The attorney general may by order deny, suspend, or revoke a membership camping operator’s application or registration or impose a penalty of not more than five thousand dollars or a combination of suspension or revocation and penalty, if the attorney general finds that the or…

Each application for registration of an offer or sale of membership camping contracts and each application for amendment or renewal of a registration shall be accompanied by a fee determined by the attorney general which shall be sufficient to defray the costs of administering th…

1. A membership camping operator who is subject to the registration requirements of section 557B.3 shall provide a disclosure statement to a purchaser or prospective purchaser before the person signs a membership camping contract or gives any money or thing of value for the purch…

The membership camping operator shall deliver to the purchaser a fully executed copy of a membership camping contract, in writing, which contract shall include at least the following information: 1. The name of the membership camping operator and the address of its principal plac…

A mineral interest in coal shall be extinguished twenty years after its creation, transfer, or preservation, unless a statement of claim is filed in accordance with section 557C.3 , and the ownership shall revert to the person who was then the owner of the interest from which the…

As used in this chapter , unless the context otherwise requires: 1. “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 . 2. “Mineral interest in c…

The statement of claim provided in section 557C.1 shall be filed by the owner of the mineral interest in coal prior to the end of the twenty-year period set forth in section 557C.1 or by July 1, 1994, whichever is later. The statement of claim shall contain the name and address o…

Upon the filing of the statement of claim provided for in section 557C.3 in the recorder’s office for the county where the real estate on, or under, which the mineral interest in coal exists, is located, the recorder shall record the statement of claim and index the entries requi…

A reservation of a mineral interest in coal or an exception of a mineral interest in coal, contained in a conveyance of the interest out of which it is carved, by a nonowner of the mineral interest in coal shall not be deemed to satisfy the requirements of this chapter or as a re…

The filing of the statement of claim required under section 557C.3 to preserve the mineral interest in coal shall not be required of an owner if the mineral interest was separately taxed for real estate tax purposes at any time after July 1, 1971. 91 Acts, ch 183, §7

All instruments containing a power to convey, or in any manner relating to real estate, including certified copies of petitions in bankruptcy with or without the schedules appended, of decrees of adjudication in bankruptcy, and of orders approving trustees’ bonds in bankruptcy, a…

Where the certificate of the secretary of the interior or the patents cover real estate situated in more than one county, the secretary of state shall, upon the application of any railroad company or its grantee, prepare and furnish, to be recorded, a list of all the real estate …

The evidence of title shall be filed with the recorder of deeds of the county in which the real estate is situated, who shall record the same, and place an abstract thereof upon the index of deeds. The recording thereof shall be constructive notice to all persons, as provided in …

A person interested in a parcel of real estate may procure from a county recorder in this state a transcript of any instrument affecting real estate which is of record in that recorder’s office. The transcript shall be certified by the recorder. [S13, §2938-a; C24, 27, 31, 35, 39…

A transcript of the record of any instrument affecting real estate, certified as provided in section 558.12 , shall be entitled to record in the office of the recorder of any other county in which is situated any of the real estate affected by such instrument. The effect of the r…

All conveyances or the record title thereof of real estate executed more than ten years earlier, wherein the grantor or grantors described themselves as the surviving spouse, heir at law, heirs at law, surviving spouse and heir at law, or surviving spouse and heirs at law, of som…

Any official stamp purporting to have been affixed to any instrument in writing, by any notary public as provided in chapter 9B residing elsewhere than in this state, shall be prima facie evidence that the words thereon engraved conform to the requirements of the law of the place…

When any such records are copied, the officer to whose office the original records belong shall compare the copy so made with the original, and when found correct, shall attach the officer’s certificate in each volume or book of such copied records, to the effect that the officer…

The following or other equivalent forms of conveyance, varied to suit circumstances, are sufficient for the purposes herein contemplated: 1. For a quitclaim deed. For the consideration of ................ dollars, I hereby quitclaim to ................................ all my inte…

As used in this chapter , unless the context otherwise requires: 1. “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 . 2. “Grantee” means the na…

In the execution of any written instrument conveying, encumbering, or affecting real estate by a corporation that has adopted a corporate seal, the seal of such corporation may but need not be attached or affixed to such written instrument. [C51, §974; R60, §1823; C73, §2112; C97…

The acknowledgment of any deed, conveyance, or other instrument in writing by which real estate in this state is conveyed or encumbered, whether made within this state, outside this state, outside the United States, or under federal authority, shall comply with the provisions of …

If the corporation has not adopted a corporate seal, such fact may but need not be stated in such written instrument. [S13, §3068; C24, 27, 31, 35, 39, § 10068; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §558.3 ] 96 Acts, ch 1154, §2

Proof of the due and voluntary execution and delivery of a deed or other instrument may be made before any officer authorized to take acknowledgments, by one competent person other than the vendee or other person to whom the instrument is executed, in the following cases: 1. If t…

The certificate endorsed by the officer upon a deed or other instrument thus proved must state: 1. The title of the officer taking the proof. 2. That it was satisfactorily proved that the grantor was dead, or that for some other reason the grantor’s attendance could not be procur…

An officer having power to take the proof of execution and delivery of a deed or other instrument under section 558.31 may issue the necessary subpoenas, and compel the attendance of witnesses residing within the county, in the manner provided for the taking of depositions. [C51,…

The certificate of proof or acknowledgment may be given under seal or otherwise, according to the mode by which the officer making the same usually authenticates the officer’s formal acts. [C51, §1223; R60, §2231; C73, §1961; C97, §2951; C24, 27, 31, 35, 39, § 10098; C46, 50, 54,…

The acknowledgment of a married person, when required by law, may be taken in the same form as if the person were sole, and without any examination separate and apart from the person’s spouse. [C97, §2960; C24, 27, 31, 35, 39, § 10099; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,…

The execution of any deed, mortgage, or other instrument in writing, executed by any attorney in fact, may be acknowledged by the attorney executing the same. [R60, §2251; C73, §1962; C97, §2952; C24, 27, 31, 35, 39, § 10100; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §558.…

Any officer, who knowingly misstates a material fact in any of the certificates mentioned in this chapter or chapter 9B , shall be liable for all damages caused thereby, and shall be guilty of a serious misdemeanor. [C51, §1224; R60, §2232; C73, §1964; C97, §2955; C24, 27, 31, 35…

1. Effect of recording. An instrument affecting real estate is of no validity against subsequent purchasers for a valuable consideration, without notice, or against the state or any of its political subdivisions during and after condemnation proceedings against the real estate, u…

A document shall not be deemed lawfully recorded, unless it has been previously acknowledged or proved in the manner prescribed in chapter 9B , except that affidavits, and certified copies of petitions in bankruptcy with or without the schedules appended, of decrees of adjudicati…

1. As used in this section , unless the context otherwise requires: a. “Agricultural land” means agricultural land as defined in section 9H.1 . b. “Beneficial ownership” includes interests held by a nonresident alien individual directly or indirectly holding or acquiring a ten pe…

Where any mortgage, contract, or other instrument constituting an encumbrance upon real estate shall be assigned or released by a separate instrument, it shall be the duty of the recorder to make a notation where the instrument was originally indexed, indicating the nature of suc…

1. Every real estate installment sales contract transferring an interest in residential property shall be recorded by the contract seller with the county recorder in the county in which the real estate is situated not later than ninety days from the date the contract was signed b…

1. For purposes of this section , unless the context otherwise requires: a. “Transfer” means the sale, gift, conveyance, assignment, inheritance, or other transfer of ownership interest in real property located in this state. b. (1) “Transfer fee” means a fee or charge payable up…

The recorder must keep index records to show the following: 1. Each grantor. 2. Each grantee. 3. The date and time when the instrument was filed with the recorder. 4. The date of the instrument. 5. The nature of the instrument. 6. The document reference number where the record of…

1. When the record shows that a contract or bond for a deed was executed more than ten years earlier, the contract or bond shall be deemed abandoned by the vendee and void and the land shall be freed from any lien or defect on account of the contract or bond in any of the followi…

The entries shall show the names of the respective grantors and grantees, arranged in alphabetical order. When the instrument is executed by a personal representative, guardian, referee, commissioner, receiver, sheriff, or other person acting in a representative capacity, the rec…

The recorder must endorse upon every instrument properly filed for recording in the recorder’s office, the day, hour, and minute when filed for recording and the document reference number, and enter in the index the entries required to be entered pursuant to sections 558.49 and 5…

After the recorder has accepted for recording and indexed any deed, real estate installment contract, or other instrument unconditionally conveying real estate or altering a real estate contract by assigning the buyer’s or seller’s interest, changing the name of the buyer or sell…

1. a. At the time of filing a deed, real estate installment contract, or other instrument mentioned in section 558.57 , the recorder shall collect, and note payment of, the recording fee and the auditor’s transfer fee, as provided by law, except as provided in subsection 2 . b. A…

Every instrument shall be recorded as soon as practicable, after which the recorder shall complete the entries to show the document reference number where the record is to be found. [C51, §1216; R60, §2225; C73, §1946; C97, §2938; C24, 27, 31, 35, 39, § 10118; C46, 50, 54, 58, 62…