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

Where building lots have been surveyed and plats thereof recorded, anyone who is about to build contiguous to the land of another may, if there be no wall on the line between them, build a brick, reinforced concrete, or stone wall thereon, when the whole thickness of such wall ab…

Adjoining owners of walls held in common shall not make openings or cavities therein, nor affix nor attach thereto any work or structure, without the consent of the other, or upon the other’s refusal, without having taken all necessary precautions to guard against injury to the r…

No dispute between adjoining owners as to the amount to be paid by one or the other, by reason of any of the matters provided in this chapter , shall delay the execution of the provisions of the same, if the party on whom the claim is made shall enter into bonds, with security, t…

This chapter shall not prevent adjoining proprietors from entering into special agreements about walls on the lines between them, but no evidence thereof shall be competent unless in writing, signed by the parties thereto or their lawfully authorized agents, or the guardian of ei…

If the adjoining owner contributes one-half of the expense of building such wall, then it is a wall in common between them, but if the adjoining owner refuses to contribute, the adjoining owner shall have the right to make it a wall in common by paying to the person who erected o…

No wall shall be built by any person partly on the land of another with any openings therein, and every separating wall between buildings shall, as high as the upper part of the first story, be presumed to be a wall in common, if there be no titles, proof, or mark to the contrary…

The repairs and rebuilding of walls in common are to be made at the expense of all who have a right to them, and in proportion to the interest of each therein, but every coproprietor of a wall in common may be exonerated from contributing to the same by giving up the coproprietor…

Every coproprietor may build against a wall held in common, and cause beams or joists to be placed therein; and any person building such a wall shall, on being requested by the other coproprietor, make the necessary flues, and leave the necessary bearings for joists or beams, at …

Every coproprietor may increase the height of a wall in common at the coproprietor’s sole expense, and that person shall repair and keep in repair that part of the same above the part held in common. [R60, §1919; C73, §2024; C97, §2999; C24, 27, 31, 35, 39, § 10168; C46, 50, 54, …

If the wall so held in common cannot support the wall to be raised upon it, one who wishes to have it made higher must rebuild it anew and at that person’s own expense, and the additional thickness of the wall must be placed entirely on that person’s own land. [R60, §1920; C73, §…

The person who did not contribute to the heightening of a wall held in common may cause the raised part to become common by paying one-half of the appraised value of raising it, and half the value of the ground occupied by the additional thickness thereof, if any ground was so oc…

Every proprietor joining a wall has the right of making it a wall in common, in whole or in part, by repaying to the owner thereof one-half of its value, or one-half of the part which the proprietor wishes to hold in common, and one-half of the value of the ground on which it is …

In all actions hereafter brought, in which title to any easement in real estate shall be claimed by virtue of adverse possession thereof for the period of ten years, the use of the same shall not be admitted as evidence that the party claimed the easement as the party’s right, bu…

Whoever has erected, or may erect, any house or other building near the land of another person, with windows overlooking such land, shall not, by the mere continuance of such windows, acquire any easement of light or air, so as to prevent the erection of any building on such land…

An easement or right-of-way for pedestrian traffic shall not be acquired by prescription or adverse use for any length of time except when claimed in connection with an easement or right-of-way to permit passage of public or private vehicular traffic. [C73, §2033; C97, §3006; C24…

When any person is in the use of a way, privilege, or other easement in the land of another, the owner of the land in such case may give notice in writing to the person claiming or using the way, privilege, or easement of the owner’s intention to dispute any right arising from su…

Said notice, when served and recorded as hereinafter provided, shall be an interruption of such use, and prevent the acquiring of any right thereto by the continuance thereof. [C73, §2034; C97, §3007; C24, 27, 31, 35, 39, § 10179; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, …

Said notice, signed by the owner of the land, the owner’s agent, or guardian, may be served in the same manner as in a civil action, upon the party, the party’s agent, or guardian, if within this state, otherwise on the tenant or occupant, if there be any, and it, with the return…

A certified copy of such record of said notice and the officer’s return thereon shall be evidence of the notice and the service thereof. [C73, §2034; C97, §3007; C24, 27, 31, 35, 39, § 10181; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §564.7 ]

When notice is given to prevent the acquisition of a right to a way or other easement, it shall be considered so far a disturbance thereof as to enable the party claiming to bring an action for disturbing the same in order to try such right, and if the plaintiff in the action pre…

It is the purpose of this chapter to facilitate the orderly development and use of solar energy by establishing and providing certain procedures for obtaining access to solar energy. [ 81 Acts, ch 184, §3 ]

As used in this chapter , unless the context otherwise requires: 1. “Development of property” means construction, landscaping, growth of vegetation, or other alteration of property that interferes with the operation of a solar collector. 2. “Dominant estate” means that parcel of …

The city council or the county board of supervisors may designate a solar access regulatory board to receive and act on applications for a solar access easement. The board designated by the city council may be a board of adjustment having jurisdiction in the city, the city counci…

1. An owner of property may apply to the solar access regulatory board designated under section 564A.3 for an order granting a solar access easement. The application must be filed before installation or construction of the solar collector. The application shall state the followin…

1. After the hearing on the application, the solar access regulatory board shall determine whether to issue an order granting a solar access easement. The board shall grant a solar access easement if the board finds that there is a need for the solar collector, that the space bur…

1. The owner of a servient estate may apply to the solar access regulatory board or may petition the district court for an order removing a solar access easement granted by a solar access regulatory board under this chapter under any of the following conditions: a. If the solar c…

1. Persons, including public bodies, may voluntarily agree to create a solar access easement. A solar access easement whether obtained voluntarily or pursuant to the order of a solar access regulatory board is subject to the same recording and conveyance requirements as other eas…

City councils and county boards of supervisors may include in ordinances relating to subdivisions a provision prohibiting deeds for property located in new subdivisions from containing restrictive covenants that include unreasonable restrictions on the use of solar collectors. [ …

The department of natural resources shall make available information and guidelines to assist local government bodies and the public to understand and use the provisions of this chapter . The information and guidelines shall include an application form for a solar access easement…

Church organizations, occupying real property granted to them by the territory or state, may lease the same for business purposes, and occupy other real property with their church edifices, but all of the income derived from such leased real property shall be devoted to maintaini…

When a gift or bequest is conditioned upon the payment of an annuity to the donor, or any other person, a city may, upon acceptance of the gift or bequest, agree to pay the annuity providing the amount does not exceed five percent of the amount of the gift or bequest and does not…

To provide for the payment of an annuity, the city shall annually thereafter levy a tax sufficient to pay the annuity. [C24, 27, 31, 35, 39, § 10195; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81 , S81, §565.13 ; 81 Acts, ch 117, §1090 ]

Any amount collected by a tax so levied and which is not required for the payment of such annuity shall be used for the purposes for which such gift or bequest is made and may be transferred to such fund as will enable it to be used for such purpose. [C24, 27, 31, 35, 39, § 10197…

Real property so leased shall in all cases be subject to taxation, the same as the real property of natural persons. [C73, §1921; C97, §2902; C24, 27, 31, 35, 39, § 10184; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §565.2 ] Tax exemptions generally, §427.1

A gift, devise, or bequest of property, real or personal, may be made to the state, to be held in trust for and applied to any specified purpose within the scope of its authority, but the same shall not become effectual to pass the title in such property unless accepted by the go…

If gifts are made to the state in accordance with section 565.3 , for the benefit of an institution thereof, the property, if accepted, shall be held and managed in the same way as other property of the state, acquired for or devoted to the use of such institution; and any condit…

Gifts, devises, or bequests of property, real or personal, made to any state institution for purposes not inconsistent with the objects of such institution, may be accepted by its governing board, and such board may exercise such powers with reference to the management, sale, dis…

Civil townships wholly outside of any city, and school corporations, are authorized to take and hold property, real and personal, by gift and bequest and to administer the property through the proper officer in pursuance of the terms of the gift or bequest. Title shall not pass u…

When made for the establishing of institutions of learning or benevolence, and no provision is made in the gift or bequest for the execution of the trust, the judge of the district court having charge of the probate proceedings in the county shall appoint three trustees, resident…

In this chapter , unless the context otherwise requires: 1. “Adult” means an individual who has attained the age of twenty-one years. 2. “Benefit plan” means an employer’s plan for the benefit of an employee or partner or an individual retirement account. 3. “Broker” means a pers…

A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this chapter by the same custodian for the benefit of the same minor constitutes a single custodianship. 86 Acts, ch 1035, §10

1. The validity of a transfer made in a manner prescribed in this chapter is not affected by: a. The failure of the transferor to comply with section 565B.9, subsection 3 , concerning possession and control; b. The designation of an ineligible custodian, except designation of the…

1. A custodian shall: a. Take control of custodial property; b. Register or record title to custodial property if appropriate; and c. Collect, hold, manage, invest, and reinvest custodial property. 2. In dealing with custodial property, a custodian shall observe the standard of c…

1. A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only. 2. This section does…

1. A custodian may deliver or pay to the minor or expend for the minor’s benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to: a. The duty or ability of the custodian persona…

1. A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian’s duties. 2. Except for one who is a transferor under section 565B.4 , a custodian has a noncumulative election during each calendar year to ch…