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

1. Upon the receipt of an instrument that satisfies the requirements of this section and the payment of the applicable fees authorized in section 331.507, subsection 2 , the auditor shall enter the updated or corrected real estate ownership information in the transfer books and i…

The auditor from time to time shall correct any error appearing in the transfer books, and shall notify the grantee of any error in description discovered in any instrument filed for transfer, and permit the same to be corrected by the parties before completing such transfer. [C7…

1. A nonvested interest in property is not valid unless it must vest, if at all, within twenty-one years after one or more lives in being at the creation of the interest and any relevant period of gestation. 2. a. In determining whether a nonvested interest would violate the rule…

1. With each declaration of value submitted to the county recorder under chapter 428A , except as specified in subsection 8 , there shall be submitted a groundwater hazard statement stating all of the following: a. Whether any known private burial site is situated on the property…

An assignment shall have the same force and effect as a deed of conveyance and shall be conclusively presumed to carry all right, title, and interest of the patentee of the real estate, the same as though a deed of conveyance had been subsequently executed by the patentee or assi…

1. Prior to executing a residential real estate installment sales contract, the contract seller shall deliver a written contract disclosure statement to the contract purchaser which shall clearly set forth the following information: a. If the real estate subject to the contract h…

1. A contract purchaser injured by a violation of section 558.70 may within one year of the execution of the contract bring an equitable action in the district court of record where the real estate is located to obtain relief as follows: a. The court may rescind a contract that r…

1. As used in this section , unless the context otherwise requires: a. “Entity” means any of the following: (1) A partnership, limited liability partnership, or foreign limited liability partnership as provided in chapter 486A . (2) A limited partnership, foreign limited partners…

Affidavits explaining any defect in the chain of title to any real estate may be recorded as instruments affecting the same, but no one except the owner in possession of such real estate shall have the right to file such affidavit. Such affidavit or the record thereof, including …

Every railroad company which owns or claims real estate in this state, granted by the government of the United States or this state to aid in the construction of its railroad, where it has not already done so, shall place on file and cause to be recorded, in each county wherein t…

As used in this chapter , unless the context otherwise requires: 1. “Agent” means an individual designated by a transferee to accept delivery of a disclosure statement from a transferor. 2. “Broker” means a real estate broker licensed pursuant to chapter 543B . 3. “Commission” me…

1. A person interested in transferring real property, or a broker or salesperson acting on behalf of the person, shall deliver a written disclosure statement to a person interested in being transferred the real property. The disclosure statement must be delivered prior to either …

1. All information required by this section and rules adopted by the commission shall be disclosed in good faith. If at the time the disclosure is required to be made, information required to be disclosed is not known or available to the transferor, and a reasonable effort has be…

1. a. The disclosure statement shall include information relating to the condition and important characteristics of the property and structures located on the property, including significant defects in the structural integrity of the structure and the presence of lead service lin…

1. A person shall not issue an independent home inspection report unless the person is a home inspector, a person who holds a license or registration in good standing to perform home inspections in another state, an architect licensed pursuant to chapter 544A , or a professional …

1. A person other than a broker or salesperson acting in the capacity of an agent in the transfer of real property shall not be deemed to be an agent of the transferor or transferee for purposes of this chapter , unless the person is granted powers of attorney or is empowered as …

A person who violates this chapter shall be liable to a transferee for the amount of actual damages suffered by the transferee, but subject to the following limitations: 1. The transferor, or a broker or salesperson, shall not be liable under this chapter for the error, inaccurac…

The duties imposed upon persons under this chapter or under rules adopted by the real estate commission shall not limit or abridge any duty, requirement, obligation, or liability for disclosure created by another provision of law, or under a contract between parties. 93 Acts, ch …

A transfer under this chapter shall not be invalidated solely because of a failure of a person to comply with a provision of this chapter . 93 Acts, ch 30, §10

As used in this chapter , unless the context otherwise requires: 1. a. “Common interest community” means real estate described in a declaration with respect to which a person, by virtue of the person’s ownership of a unit, is obligated to pay for a share of real estate taxes, ins…

1. A service agreement shall be considered unfair under this section if a service that is covered by the service agreement is not required to be completely performed within one year after the date on which the service agreement is executed, and the service agreement has any of th…

1. A power to appoint which is exercisable by deed, by will, by deed or will, or otherwise, in whole or to any extent in favor of the donee of the power, the donee’s estate, the donee’s creditors, the creditors of the donee’s estate, or others, is releasable, either with or witho…

The term “power to appoint” as used in this chapter , shall mean and include all powers which are in substance and effect powers of appointment, regardless of the language used in creating them and whether they are: 1. General, special, or otherwise. 2. Vested, contingent, or con…

If a power to appoint is or may be exercisable by two or more persons either in an individual or fiduciary capacity in conjunction with one another or successively, a release or disclaimer of the power in whole or in part executed by any one of the donees of the power shall be ef…

A release of a power to appoint may also be made for life or lives or for a specified period of time. [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §559.4 ]

A donee of a power to appoint may disclaim the same at any time, wholly or in part, in the same manner and to the same extent as the donee might release it. [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §559.5 ]

A release or disclaimer may be delivered to any of the following: 1. Any person who could be adversely affected by the exercise of the power. 2. Any trustee of the property to which the power relates. 3. Any person specified for such purpose in the instrument creating the power. …

Nothing contained in this chapter shall prevent the release of any power to appoint or the disclaimer thereof in any lawful manner. [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §559.7 ]

This chapter shall be deemed declaratory of the common law of this state and it shall be liberally construed so as to effectuate the intent that all powers to appoint whatsoever shall be releasable. [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §559.8 ]

This chapter shall apply to releases and disclaimers heretofore or hereafter delivered. [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §559.9 ]

Where an occupant of real estate has color of title thereto and has in good faith made valuable improvements thereon, and is thereafter adjudged not to be the owner, no execution shall issue to put the owner of the land in possession of the same, after the filing of a petition as…

Persons of each of the classes hereinafter enumerated shall be deemed to have color of title within the meaning of this chapter , but nothing contained herein shall be construed as giving a tenant color of title against the tenant’s landlord: 1. Purchaser at judicial or tax sale.…

The petition of the occupant must set forth the grounds upon which the occupant seeks relief, and state as accurately as practicable the value of the real estate, exclusive of the improvements made thereon by the claimant or the claimant’s grantors, and the value of such improvem…

The owner of the land may thereupon pay to the clerk of the court, for the benefit of the occupying claimant, the appraised value of the improvements and take the property and an execution may issue for the purpose of putting the owner of the land in possession thereof. Should th…

Should the owner of the land fail to pay for the improvements and the occupying claimant fail to pay for the land within the time fixed by the court as provided in section 560.4 , the parties shall be held to be tenants in common of all the real estate including the improvements,…

If the occupying claimant has committed any injury to the real estate by cutting timber or otherwise, the owner may set the same off against any claim for improvements made by such claimant. [C51, §1241; R60, §2270; C73, §1985; C97, §2969; C24, 27, 31, 35, 39, § 10133; C46, 50, 5…

Any person having improvements on any real estate granted to the state in aid of any work of internal improvement, whose title thereto is questioned by another, may remove such improvements without other injury to such real estate at any time before that person is evicted therefr…

1. The homestead must embrace the house used as a home by the owner, and, if the owner has two or more houses thus used, the owner may select which the owner will retain. It may contain one or more contiguous lots or tracts of land, with the building and other appurtenances there…

The extent or appurtenances of the homestead thus established may be called in question in like manner, whenever a change in value or circumstances will justify such new proceedings. [C51, §1262; R60, §2294; C73, §2006; C97, §2984; C24, 27, 31, 35, 39, § 10144; C46, 50, 54, 58, 6…

Upon the death of either spouse, the survivor may continue to possess and occupy the whole homestead until it is otherwise disposed of according to law, but the setting off of the distributive share of the survivor in the real estate of the deceased shall be such a disposal of th…

The survivor may elect to retain the homestead for life in lieu of such share in the real estate of the deceased. [C73, §2008; C97, §2985; C24, 27, 31, 35, 39, § 10146; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.12 ]

1. A conveyance or encumbrance of, or contract to convey or encumber the homestead, if the owner is married, is not valid, unless and until the spouse of the owner executes the same or a like instrument, or a power of attorney for the execution of the same or a like instrument, e…

Subject to the rights of the surviving spouse, the homestead may be devised like other real estate of the testator. [C51, §1266; R60, §2298; C73, §2010; C97, §2987; C24, 27, 31, 35, 39, § 10148; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.14 ]

Neither spouse can remove the other nor the children from the homestead without the consent of the other. [C51, §1462; R60, §2514; C73, §2215; C97, §3166; C24, 27, 31, 35, 39, § 10149; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.15 ] Referred to in §232.82 , 598.33

The homestead of every person is exempt from judicial sale where there is no special declaration of statute to the contrary. Persons who reside together as a single household unit are entitled to claim in the aggregate only one homestead to be exempt from judicial sale. A single …

If there be no survivor, the homestead descends to the issue of either spouse according to the rules of descent, unless otherwise directed by will. [C51, §1264; R60, §2296; C73, §2008; C97, §2985; C24, 27, 31, 35, 39, § 10152; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561…