Bill Text: IA SF221 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to preservation of interests and claims in real estate and including applicability provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-02-11 - Subcommittee Meeting: 02/12/2019 11:30AM Senate Lobbyist Lounge. [SF221 Detail]
Download: Iowa-2019-SF221-Introduced.html
Senate
File
221
-
Introduced
SENATE
FILE
221
BY
LOFGREN
A
BILL
FOR
An
Act
relating
to
preservation
of
interests
and
claims
in
real
1
estate
and
including
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1153XS
(4)
88
ko/jh
S.F.
221
Section
1.
Section
614.17A,
Code
2019,
is
amended
to
read
1
as
follows:
2
614.17A
Claims
to
real
estate
after
1992
.
3
1.
As
used
in
this
section,
unless
the
context
otherwise
4
requires:
5
a.
“Arose
or
first
existed”
means
the
date
an
instrument
6
creating
an
interest
or
claim
in
real
estate
is
recorded
and
7
not
the
date
the
interest
or
claim
vests,
becomes
possessory,
8
or
becomes
actionable.
9
b.
“Possessory
interest
in”
or
“possessory
claim
to”
means
10
an
interest
or
claim
that
may,
now
or
in
the
future,
divest
11
a
current
record
titleholder
and
possessor
of
real
estate
of
12
ownership
and
possession
of
the
real
estate
or
of
a
fractional
13
interest
of
the
record
title
holder’s
ownership
and
possession
14
of
the
real
estate.
15
1.
2.
After
July
1,
1992,
an
An
action
shall
not
be
16
maintained
in
a
court,
either
at
law
or
in
equity,
in
order
to
17
recover
or
establish
an
a
possessory
interest
in
or
possessory
18
claim
to
real
estate
if
all
the
following
conditions
are
19
satisfied:
20
a.
The
action
is
based
upon
an
interest
or
a
claim
arising
21
that
arose
or
first
existed
more
than
ten
years
earlier
or
22
existing
for
more
than
ten
years
.
23
b.
The
action
is
against
the
holder
of
the
record
title
to
24
titleholder
of
the
real
estate
and
the
record
titleholder
is
in
25
possession
of
the
real
estate
.
26
c.
The
holder
of
the
record
title
to
titleholder
in
27
possession
of
the
real
estate
in
possession
and
the
holder’s
28
record
titleholder’s
immediate
or
remote
grantors
are
shown
by
29
the
record
to
have
held
an
unbroken
chain
of
title
to
the
real
30
estate
for
more
than
ten
years.
31
2.
3.
a.
The
To
preserve
a
claim
to
recover
or
establish
32
a
possessory
interest
in
or
possessory
claim
to
real
estate
a
33
claimant
,
within
ten
years
of
the
date
on
which
the
claim
arose
34
or
first
existed
,
must
file
with
the
county
recorder
in
the
35
-1-
LSB
1153XS
(4)
88
ko/jh
1/
4
S.F.
221
county
where
the
real
estate
is
located
a
written
statement
1
which
is
duly
acknowledged
and
definitely
describes
the
real
2
estate
involved,
the
nature
and
extent
of
the
right
of
interest
3
claimed,
and
the
facts
upon
which
the
claim
is
based.
The
4
claimant
must
file
the
statement
in
person
or
by
the
claimant’s
5
attorney
or
agent.
If
the
claimant
is
a
minor
or
under
a
legal
6
disability,
the
statement
must
be
filed
by
the
claimant’s
7
guardian,
trustee,
or
by
either
parent.
8
b.
The
filing
of
a
claim
shall
extend
for
a
further
period
9
of
ten
years
the
time
within
which
such
action
may
be
brought
10
by
any
person
entitled
to
bring
the
claim.
The
person
may
file
11
extensions
for
successive
claims.
To
continue
to
preserve
12
a
claim
to
recover
or
establish
a
possessory
interest
in
or
13
possessory
claim
to
real
estate
for
an
additional
ten-year
14
period,
a
claimant
must
file
a
written
statement
pursuant
to
15
paragraph
“a”
on
or
before
ten
years
after
the
filing
date
of
16
the
original
written
statement.
A
claimant
may
file
successive
17
written
statements
prior
to
the
expiration
of
the
preceding
18
ten-year
extension
period
in
order
to
continue
to
preserve
such
19
claim.
20
4.
This
section
shall
not
apply
to:
21
a.
An
interest
in
or
claim
to
real
estate
that
is
preserved
22
pursuant
to
section
614.36.
23
b.
An
action
to
recover
or
establish
an
interest
in
or
24
claim
to
real
estate
based
on
a
reversionary
interest,
reverted
25
interest,
or
interest
in
a
use
restriction
barred
by
sections
26
614.24
through
614.28.
27
c.
An
action
by
a
party
that
has
granted
a
right
of
first
28
refusal
if
such
party
is
still
the
record
titleholder
and
in
29
possession
of
the
real
estate.
30
3.
5.
Nothing
in
this
section
shall
be
construed
to
revive
31
any
cause
of
action
barred
by
section
614.17
.
32
6.
Nothing
in
this
section
shall
be
construed
to
bar
an
33
action
for
damages
for
breach
of
a
contract
regarding
an
34
interest
in
or
claim
to
real
estate.
35
-2-
LSB
1153XS
(4)
88
ko/jh
2/
4
S.F.
221
Sec.
2.
APPLICABILITY.
This
Act
shall
not
apply
to
actions
1
filed
on
or
before
the
effective
date
of
this
Act.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
This
bill
relates
to
preservation
of
interests
in
and
claims
6
to
real
estate.
7
Under
current
law,
if
any
claimed
interest
in
real
estate
8
arose
more
than
10
years
earlier,
or
has
been
in
existence
9
for
more
than
10
years,
is
against
a
record
titleholder
in
10
possession
of
the
property
with
an
unbroken
chain
of
title
11
for
more
than
10
years,
an
action
to
establish
the
interest
12
is
barred
unless
the
claimant
has
filed
a
written
statement
13
of
the
claim
within
10
years
from
the
date
the
interest
arose
14
or
first
came
into
existence.
The
bill
defines
“arose
or
15
first
existed”
as
the
date
an
instrument
creating
an
interest
16
in
real
estate
is
recorded
and
not
the
date
the
interest
17
vests,
becomes
possessory,
or
becomes
actionable.
Filing
the
18
statement
extends
the
time
for
bringing
an
action
for
another
19
10
years
and
a
claimant
may
file
for
successive
extensions
of
20
the
10-year
period.
21
The
bill
makes
the
requirement
to
file
a
statement
22
applicable
only
to
a
possessory
interest
in
or
possessory
claim
23
to
real
estate.
The
bill
defines
“a
possessory
interest
in”
24
or
“possessory
claim
to”
as
an
interest
or
claim
that
may,
25
now
or
in
the
future,
divest
a
current
record
titleholder
and
26
possessor
of
real
estate
of
ownership
and
possession
of
the
27
real
estate,
or
of
a
fractional
interest
of
the
record
title
28
holder’s
ownership
and
possession
of
the
real
estate.
29
The
bill
provides
that
the
requirement
does
not
apply
to
an
30
interest
or
claim
by
a
lessor,
reversioner,
or
to
easements
31
that
are
preserved
pursuant
to
Code
section
614.36.
An
32
action
to
recover
or
establish
an
interest
based
on
a
claimed
33
reversionary
interest,
reverted
interest,
or
interest
in
34
use
restriction
is
also
not
subject
to
the
statement
filing
35
-3-
LSB
1153XS
(4)
88
ko/jh
3/
4
S.F.
221
requirement.
1
The
bill
provides
that
the
Code
section
does
not
apply
to
2
an
action
by
a
party
that
has
granted
a
right
of
first
refusal
3
in
real
estate
if
such
party
is
still
the
record
titleholder
4
and
in
possession
of
the
real
estate.
The
bill
does
not
bar
5
an
action
for
damages
for
breach
of
a
contract
regarding
an
6
interest
in
real
estate.
7
The
bill
does
not
apply
to
actions
filed
on
or
before
the
8
effective
date
of
the
bill.
9
-4-
LSB
1153XS
(4)
88
ko/jh
4/
4
