Iowa Code 614.32 – What interests and rights subject
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Terms Used In Iowa Code 614.32
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
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 § 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 § 614.33.
5. The exceptions as stated and set forth in § 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
Referred to in §257B.28, 455I.9, 457A.2, 614.30, 614.31, 614.33
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 § 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 § 614.33.
5. The exceptions as stated and set forth in § 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
Referred to in §257B.28, 455I.9, 457A.2, 614.30, 614.31, 614.33