MARKETABLE RECORD TITLE

Iowa Code tit. XV, ch. 614, subch. III

in effect

Iowa Code § 614.29 Definitions.

614.29. Definitions. 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” includes probate and other official public records, as well as records in the office of the county recorder. 3. “Recording”, when applied to the official public records of a probate or other court, includes filing. 4. “Person dealing with the land” includes a purchaser of any estate or interest therein, a mortgagee, a levying or attaching creditor, a land contract vendee, or any other person, corporation, or entity seeking to acquire an estate or interest therein, or impose a lien thereon. 5. “Root of title” means that conveyance or other title transaction or other link in the chain of title of a person, purporting to create the interest claimed by such person, upon which the person relies as a basis for the marketability of the person’s title, and which was the most recent to be recorded or established as of a date forty years prior to the time when marketability is being determined. The effective date of the “root of title” is the date on which it is recorded. 6. “Title transaction” means any transaction affecting title to any interest in land, including title by will or descent, title by tax deed, or deed by trustee, referee, guardian, executor, administrator, master in chancery, sheriff, or any other form of deed or decree of any court, as well as warranty deed, quitclaim deed, mortgage, or transfer or conveyance of any kind. [C71, 73, 75, 77, 79, 81, §614.29] 2004 Acts, ch 1052, §5

Iowa Code § 614.30 Construction liberal.

614.30. Construction liberal. 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. [C71, 73, 75, 77, 79, 81, §614.30] 2004 Acts, ch 1052, §6

Iowa Code § 614.31 Forty-year chain of title.

614.31. Forty-year chain of title. 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 deemed to have such an unbroken chain of title when the official public records disclose a conveyance or other title transaction, of record not less than forty years at the time the marketability is to be determined, which said conveyance or other title transaction purports to create such interest, either in: 1. The person claiming such interest, or 2. Some other person from whom, by one or more conveyances or other title transactions of record, such purported interest has become vested in the person claiming such interest; with nothing appearing of record, in either case, purporting to divest such claimant of such purported interest. [C71, 73, 75, 77, 79, 81, §614.31]

Iowa Code § 614.32 What interests and rights subject.

614.32. What interests and rights subject. 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 interests created prior to the root of title shall not be sufficient to preserve them, unless specific identification be made therein of a recorded title transaction which creates such easement, use restriction, or other interest. 2. All interest preserved by the filing of proper notice or by possession by the same owner continuously for a period of forty years or more, in accordance with section 614.34. 3. The rights of any person arising from a period of adverse possession or user, which was in whole or in part subsequent to the effective date of the root of title. 4. Any interest arising out of a title transaction which has been recorded subsequent to the effective date of the root of title from which the unbroken chain of title of record is started; provided such recording shall not revive or give validity to any interest which has been extinguished prior to the time of the recording by the operation of section 614.33. 5. The exceptions as stated and set forth in section 614.36. 6. All interests created by an environmental covenant established pursuant to chapter 455I. [C71, 73, 75, 77, 79, 81, §614.32] 2005 Acts, ch 102, §19

Iowa Code § 614.33 Free and clear of other interests not stated.

614.33. Free and clear of other interests not stated. 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, event or omission that occurred prior to the effective date of the root of title. All such interests, claims or charges, however denominated, whether legal or equitable, present or future, whether such interest, claims or charges are asserted by a person able to assert a claim on the person’s own behalf or under a disability, whether such person is within or without the state, whether such person is natural or corporate, or is private or governmental, are hereby declared to be null and void. [C71, 73, 75, 77, 79, 81, §614.33]

Iowa Code § 614.34 Preserving interest during forty-year period.

614.34. Preserving interest during forty-year period. 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 writing duly verified by oath or affirmation setting forth the nature of the claim. No disability or lack of knowledge of any kind on the part of anyone shall suspend the running of said forty-year period. Such notice may be filed for record by the claimant or by any other person acting on behalf of any claimant who is: a. Under a disability, b. Unable to assert a claim on the claimant’s own behalf, or c. One of a class, but whose identity cannot be established or is uncertain at the time of filing such notice of claim for record. 2. If the same record owner of any possessory interest in land has been in possession of such land continuously for a period of forty years or more, during which period no title transaction with respect to such interest appears of record in the chain of title, and no notice has been filed by the record owner or on the record owner’s behalf as provided in subsection 1, and such possession continues to the time when marketability is being determined, such period of possession shall be deemed equivalent to the filing of the notice immediately preceding the termination of the forty-year period described in subsection 1. [C71, 73, 75, 77, 79, 81, §614.34]

Iowa Code § 614.35 Recording interest.

614.35. Recording interest. 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 founded upon a recorded instrument, then the description in such notice may be the same as that contained in such recorded instrument. Such notice shall be filed for record in the office of the county recorder of the county or counties where the land described in the notice is situated. The recorder of each county shall accept all such notices presented to the recorder which describe land located in the county in which the recorder serves and shall enter and record full copies of the notices and shall index the applicable entries specified in sections 558.49 and 558.52, and each recorder shall be entitled to charge the same fees for the recording of the notices as are charged for recording deeds. In indexing such notices in the recorder’s office each recorder shall enter such notices under the grantee indexes of deeds in the names of the claimants appearing in such notices. [C71, 73, 75, 77, 79, 81, §614.35] 2006 Acts, ch 1031, §15; 2007 Acts, ch 101, §7; 2015 Acts, ch 30, §179

Iowa Code § 614.36 Lessors, reversioners, and easements.

614.36. Lessors, reversioners, and easements. 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 can be proved by physical evidence of its use; or to bar any right, title or interest of the United States, by reason of failure to file the notice herein required. [C71, 73, 75, 77, 79, 81, §614.36] 2004 Acts, ch 1052, §7

Iowa Code § 614.37 Limitation statutes not extended.

614.37. Limitation statutes not extended. 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 effect of the recording or the failure to record any instrument affecting land. It is intended that nothing contained in this chapter be interpreted to revive or extend the period of filing a claim or bringing an action that may be limited or barred by any other statute. [C71, 73, 75, 77, 79, 81, §614.37] 2004 Acts, ch 1052, §8; 2004 Acts, ch 1175, §387

Iowa Code § 614.38 Period extension in certain cases.

614.38. Period extension in certain cases. 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

Source: Iowa Legislature (legis.iowa.gov)URL: https://www.legis.iowa.gov/law/iowaCode/sections?codeChapter=614&year=2026Fetched: 10/20/2026