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

The order for removal can be executed only in the daytime. [C51, §2374; R60, §3964; C73, §3623; C97, §4219; C24, 27, 31, 35, 39, § 12281; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §648.20 ]

If the defendant is found guilty, judgment shall be entered that the defendant be removed from the premises, and that the plaintiff be put in possession of the premises, and an execution for the defendant’s removal within three days from the judgment shall issue accordingly, to w…

1. In cases covered by chapter 562B , prior to the expiration of three days from the date the judgment is entered pursuant to section 648.22 , the plaintiff or defendant may elect to leave a mobile home or manufactured home and its contents in the manufactured home community or m…

1. When a mobile or manufactured home located in a manufactured home community or mobile home park is the subject of an action by a lienholder to foreclose a lienhold interest, the plaintiff may advance all moneys due and owing to the landlord and enter into an agreement with the…

The court, on the trial of an appeal, may issue an execution for removal or restitution, as the case may require. [C51, §2376; R60, §3966; C73, §3624; C97, §4222; C24, 27, 31, 35, 39, § 12284; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §648.23 ]

1. Before action can be brought under any ground specified in section 648.1 , except section 648.1, subsection 1 , three days’ notice to quit must be given to the defendant in writing. However, a landlord who has given a tenant three days’ notice to pay rent and has terminated th…

When the tenancy is at will and the action is based on the ground of the nonpayment of rent when due, no notice of the termination of the tenancy other than the three-day notice need be given before beginning the action. [C24, 27, 31, 35, 39, § 12266; C46, 50, 54, 58, 62, 66, 71,…

Venue — service of original notice — hearing. 1. a. An action for forcible entry and detainer shall be brought in a county where all or part of the premises is located. Such an action shall be tried as an equitable action. Upon receipt of the petition, the court shall set a date,…

In cases covered by chapter 562B , a plaintiff shall send a copy of the petition, prior to the date set for hearing, by regular, certified, or restricted certified mail to the county treasurer and to each lienholder whose name and address are of record in the office of the county…

In any such action a change of place of trial may be had as in other cases. [C51, §2367; R60, §3957; C73, §3616; C97, §4212; C24, 27, 31, 35, 39, § 12270; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §648.9 ]

An action to determine and quiet the title of real property may be brought by anyone, whether in or out of possession, having or claiming an interest therein, against any person claiming title thereto, though not in possession. [C51, §2025; R60, §3601; C73, §3273; C97, §4223; C24…

The petition therefor must be under oath, setting forth the nature and extent of the petitioner’s estate, and describing the premises as accurately as may be, and that the petitioner is credibly informed and believes the defendant makes or may make some claims adverse to the peti…

The notice in such action shall accurately describe the property, and, in general terms, the nature and extent of the plaintiff’s claim, and shall be served as in other cases. [C73, §3274; C97, §4224; C24, 27, 31, 35, 39, § 12287; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, …

If the defendant appears and disclaims all right and title adverse to the plaintiff, the defendant shall recover the defendant’s costs. In all other cases the costs shall be in the discretion of the court. [R60, §3603; C73, §3275; C97, §4225; C24, 27, 31, 35, 39, § 12288; C46, 50…

1. Before bringing suit to quiet a title to real estate, a party may make a written request to the person holding an apparent adverse interest or right in the property asking that such person, and that person’s spouse if any, execute, have acknowledged, and deliver a quitclaim de…

In all other respects, the action contemplated in this chapter shall be conducted as other actions by equitable proceedings, so far as the same may be applicable, with the modifications prescribed. [C51, §2026; R60, §3604; C73, §3276; C97, §4227; C24, 27, 31, 35, 39, § 12290; C46…

In the proof of title to real estate derived from deeds or other conveyances affecting real estate, executed prior to January 1, 1905, where it appears from recitals therein that such deeds or other conveyances have been executed in pursuance to a contract assigned by the origina…

Section 649.7 shall not be construed to remove the bar of any other statute of limitations. [C24, 27, 31, 35, 39, § 12292; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §649.8 ]

When one or more owners of land, the corners and boundaries of which are lost, destroyed, or in dispute, desire to have the same established, they may bring an action in the district court of the county where such lost, destroyed, or disputed corners or boundaries, or part thereo…

If that issue is presented, the commission shall also take testimony as to whether the boundaries and corners alleged to have been recognized and acquiesced in for ten years or more have in fact been recognized and acquiesced in, and, if it finds affirmatively on such issue, shal…

The proceedings may be adjourned by the commission from time to time as may be necessary, but the survey and location of the corners and boundaries must be completed and the report thereof filed with the clerk of the court within sixty days after its appointment, unless there are…

Within twenty days after such report is filed, any party interested may file exceptions thereto and the court shall hear and determine them, hearing evidence in addition to that reported by the commission, if necessary, and may approve or modify such report, or again refer the ma…

The corners and boundaries finally established by the court in such proceeding, or on appeal therefrom, shall be binding upon the parties as the corners or boundaries which had been lost, destroyed, or in dispute. [C97, §4236; C24, 27, 31, 35, 39, § 12305; C46, 50, 54, 58, 62, 66…

If it is found that the boundaries and corners alleged to have been recognized and acquiesced in for ten years have been so recognized and acquiesced in, such recognized boundaries and corners shall be permanently established. [C97, §4236; C24, 27, 31, 35, 39, § 12306; C46, 50, 5…

There shall be no appeal in such proceeding, except from final judgment of the court, taken in the time and manner that other appeals are, and heard as in an action by ordinary proceedings. [C97, §4237; C24, 27, 31, 35, 39, § 12307; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81…

The costs in the proceeding shall be assessed as the court deems just, and shall be a lien on the land or interest therein owned by the party or parties against whom they are assessed, so far as such land is involved in the proceeding. [C97, §4238; C24, 27, 31, 35, 39, § 12308; C…

Any lost or disputed corner or boundary may be determined by written agreement of all parties thereby affected, signed and acknowledged by each as required for conveyances of real estate, clearly designating the same, and accompanied by a plat thereof, which shall be recorded as …

If any public road is likely to be affected thereby, the proper county shall be made defendant. [C97, §4228; C24, 27, 31, 35, 39, § 12294; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §650.2 ]

Notice of such action shall be given as in other cases, and if the defendants or any of them are nonresidents of the state, or unknown, they may be served by publication as is provided by law. [C97, §4229; C24, 27, 31, 35, 39, § 12295; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,…

The action shall be a special one. [C97, §4230; C24, 27, 31, 35, 39, § 12296; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §650.4 ]

The only necessary pleading therein shall be the petition of plaintiff describing the land involved, and, so far as may be, the interest of the respective parties, and asking that certain corners and boundaries therein described, as accurately as may be, shall be established. [C9…

Either the plaintiff or defendant may, by proper plea, put in issue the fact that certain alleged boundaries or corners are the true ones, or that such have been recognized and acquiesced in by the parties or their grantors for a period of ten consecutive years, which issue may b…

The court in which the action is brought shall appoint a commission of one or more disinterested licensed professional land surveyors, who shall, at a date and place fixed by the court in the order of appointment, proceed to locate the lost, destroyed, or disputed corners and bou…

The commissioners so appointed shall subscribe and file with the clerk, within ten days from the date of their appointment, an oath for the faithful and impartial discharge of their duties, and shall have the power to appoint necessary assistants. [C97, §4232; C24, 27, 31, 35, 39…

At the time and in the manner specified in the order of court, the commission shall proceed to locate said boundaries and corners, and for that purpose may take the testimony of witnesses as to where the true boundaries and corners are located. [C97, §4233; C24, 27, 31, 35, 39, §…

As used in this chapter , unless the context otherwise requires: 1. “Ascendant” means an individual who precedes another individual in lineage in the direct line of ascent from the other individual. 2. “Collateral” means an individual who is related to another individual under th…

Property that has been partitioned in kind or the proceeds from a property that has been partitioned by sale shall be subject to the order of the court until the disposition of the rights in the property become fully vested. 2018 Acts, ch 1108, §10

If all parts of a property cannot be partitioned in kind, parts of the property may be partitioned in kind and other parts of the property may be partitioned by sale as provided in this chapter . 2018 Acts, ch 1108, §11

The court shall file an initial decree establishing the shares and interests of all owners in a property subject to a partition petition. One referee shall be appointed in the decree unless all owners of the property agree upon a larger number of referees. The decree shall order …

The court may order the filing of a complete abstract covering real property involved in a partition action. The court may order a party to the partition action to produce any abstract in the party’s possession or control. The court may order a plaintiff to obtain an abstract if …

The court shall decide the nature, extent, priority, or validity of a party’s lien not previously determined and any other issues as the court directs. The referee appointed by the court shall provide notice of the court hearing to decide such matters to the interested parties. A…

The court may order a referee to lease or to take possession of a property subject to partition. The court may issue an injunction to preserve a property subject to partition or issue an order providing for the care and custody of such property. Any expenses incurred under this s…

1. A court-appointed referee authorized to partition a property in kind shall qualify by taking an oath. A bond shall not be required. 2. The referee shall designate each proposed parcel of the partitioned property by visible monuments. If allowed by the court, the referee may em…

A referee shall file a report with the court if the referee is not able to make a partition in kind on a property subject to partition. Upon receipt of the report, the court shall take the following actions: 1. If the partition involves personal property, the court shall order a …

1. A referee appointed by the court to partition property by sale shall qualify by taking an oath. A bond shall not be required before the referee conveys real property unless the referee is required to do any of the following: a. Sell personal property. b. Take possession of rea…

Upon court approval of a sale of property to be partitioned by sale, the referee shall file a referee’s deed that shall be recorded in the county where the real estate is located. The recorded referee’s deed shall be valid against all subsequent purchasers and against all persons…