reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XIV - PROPERTY › Chapter 558 - CONVEYANCES › Section 558.57 - Entry on auditor’s transfer books.

558.57 Entry on auditor’s transfer books.
After the recorder has accepted for recording and indexed any deed, real estate installment contract, or other instrument unconditionally conveying real estate or altering a real estate contract by assigning the buyer’s or seller’s interest, changing the name of the buyer or seller, changing the legal description of the property, forfeiting or canceling the contract, or making other significant changes, the auditor shall make the proper entries upon the transfer books in the auditor’s office.
[C73, §1952, 1953; C97, §2932, 2934; C24, 27, 31, 35, 39, §10116; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §558.57]
85 Acts, ch 159, §8; 86 Acts, ch 1079, §2; 2000 Acts, ch 1058, §56; 2001 Acts, ch 143, §5; 2004 Acts, ch 1144, §4; 2006 Acts, ch 1031, §9
Referred to in §331.507, 558.58
2023 Iowa Code › Title XIV - PROPERTY › Chapter 558 - CONVEYANCES › Section 558.58 - Recorder to collect and deliver to auditor.

558.58 Recorder to collect and deliver to auditor.
1. a. At the time of filing a deed, real estate installment contract, or other instrument mentioned in section 558.57, the recorder shall collect, and note payment of, the recording fee and the auditor’s transfer fee, as provided by law, except as provided in subsection 2.
b. After the recorder has accepted the instrument for recording, the instrument shall be indexed and then delivered to the auditor to be placed on the auditor’s transfer books.
2. When the person required to pay a fee relating to a real estate transaction is a governmental subdivision or agency, the recorder, at the request of the governmental subdivision or agency, shall bill the governmental subdivision or agency for the fees required to be paid. The governmental subdivision or agency shall pay the fees and taxes due within thirty days after the date of filing.
[C24, 27, 31, 35, 39, §10117; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §558.58]
86 Acts, ch 1079, §3; 2000 Acts, ch 1058, §56; 2001 Acts, ch 143, §6; 2006 Acts, ch 1031, §10; 2013 Acts, ch 30, §261
Referred to in §331.602, 598.21, 633.480, 633.481
2023 Iowa Code › Title XIV - PROPERTY › Chapter 558 - CONVEYANCES › Section 558.59 - Final record.

558.59 Final record.
Every instrument shall be recorded as soon as practicable, after which the recorder shall complete the entries to show the document reference number where the record is to be found.
[C51, §1216; R60, §2225; C73, §1946; C97, §2938; C24, 27, 31, 35, 39, §10118; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §558.59]
2001 Acts, ch 44, §27
2023 Iowa Code › Title XIV - PROPERTY › Chapter 558 - CONVEYANCES › Section 558.60 - Transfer and index books.

558.60 Transfer and index books.
1. The county auditor shall keep in the county auditor’s office books for the transfer of real estate, which shall consist of a transfer book, index book, and plat book. As used in this context, “book” means the method of data storage and retrieval utilized by the county auditor.
2. The auditor shall index the real estate transfers by block and lot or by township, range, section, section quarter, and subdivision, as occasion may require. The transfer books shall show all of the following:
a. Each grantor.
b. Each grantee.
c. The date of the instrument.
d. The nature of the instrument.
e. The document reference number where the record of the instrument may be found.
f. The description of the real estate conveyed.
[C73, §1948; C97, §2927; C24, 27, 31, 35, 39, §10119; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §558.60]
2006 Acts, ch 1031, §11; 2013 Acts, ch 30, §261
Referred to in §331.508, 558.66
2023 Iowa Code › Title XIV - PROPERTY › Chapter 558 - CONVEYANCES › Section 558.63 - Book of plats — how kept.

558.63 Book of plats — how kept.
The auditor shall keep the book of plats showing the number of lot and block, or township and range, divided into sections and subdivisions as occasion may require, and shall designate thereon each piece of real estate and the name of the owner. The plats shall be lettered or numbered so that they may be conveniently referred to in the transfer book.
[C73, §1950; C97, §2929; C24, 27, 31, 35, 39, §10122; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §558.63]
2006 Acts, ch 1031, §12
Referred to in §331.508
2023 Iowa Code › Title XIV - PROPERTY › Chapter 558 - CONVEYANCES › Section 558.65 - Council’s approval of certain plats.

558.65 Council’s approval of certain plats.
No conveyances or plats of additions to any city or subdivision of any lands lying within or adjacent to any city in which streets and alleys and other public grounds are sought to be dedicated to public use, or other conveyances in which streets and alleys are sought to be conveyed to such city, shall be so entered, unless such conveyances, plats, or other instruments have endorsed thereon the approval of the council of such city, the certificates of such approval to be made by the city clerk.
[S13, §2930; C24, 27, 31, 35, 39, §10124; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §558.65]
Referred to in §331.508
Plats, see also chapter 354
2023 Iowa Code › Title XIV - PROPERTY › Chapter 558 - CONVEYANCES › Section 558.67 - Correction of books and instruments.

558.67 Correction of books and instruments.
The auditor from time to time shall correct any error appearing in the transfer books, and shall notify the grantee of any error in description discovered in any instrument filed for transfer, and permit the same to be corrected by the parties before completing such transfer.
[C73, §1954; C97, §2933; C24, 27, 31, 35, 39, §10126; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §558.67]
Referred to in §331.508, 614.21
2023 Iowa Code › Title XIV - PROPERTY › Chapter 558 - CONVEYANCES › Section 558.71 - Civil liabilities.

558.71 Civil liabilities.
1. A contract purchaser injured by a violation of section 558.70 may within one year of the execution of the contract bring an equitable action in the district court of record where the real estate is located to obtain relief as follows:
a. The court may rescind a contract that remains in existence at the time the action is commenced, and award restitution to the contract purchaser determined in accordance with the standards for damages specified in paragraph “b”.
b. If the contract has been terminated by any means prior to commencement of the action, the contract purchaser may recover a money judgment against the original contract seller for a sum equal to all amounts the contract purchaser paid to the contract seller, plus the reasonable value of any improvements to the real estate made by the contract purchaser, plus any other proximately caused or incidental damages, less the fair rental value of the real estate for the period of time the contract purchaser was in possession of the real estate. For the purposes of this paragraph, the fair rental value of the real estate shall be based on the fair rental value of the real estate as of the date the real estate installment sales contract was executed by all parties to the contract.
2. A contract purchaser alleging a violation of section 558.70 bears the burden of establishing such violation by a preponderance of the evidence.
3. An order of rescission or a money judgment awarded shall not affect any rights or responsibilities arising from any conveyance or encumbrance made by either the contract purchaser or the contract seller prior to the filing of a lis pendens in the action in which such relief is sought, unless it is established by clear and convincing evidence that the recipient of such conveyance or encumbrance had prior knowledge that the contract was executed in violation of the requirements of section 558.70.
4. In an action in which a contract purchaser obtains relief under this section, the court shall also award to such contract purchaser reasonable attorney fees incurred in bringing the action.
2002 Acts, ch 1136, §2, 6; 2017 Acts, ch 54, §76
Referred to in §558.70
2023 Iowa Code › Title XIV - PROPERTY › Chapter 558 - CONVEYANCES › Section 558.72 - Real estate transfers by certain entities.

558.72 Real estate transfers by certain entities.
1. As used in this section, unless the context otherwise requires:
a. “Entity” means any of the following:
(1) A partnership, limited liability partnership, or foreign limited liability partnership as provided in chapter 486A.
(2) A limited partnership, foreign limited partnership, limited liability limited partnership, or foreign limited liability limited partnership as provided in chapter 488.
(3) A limited liability company or foreign limited liability company as provided in chapter 489.
(4) A corporation or foreign corporation as provided in chapter 490 or a nonprofit corporation or foreign nonprofit corporation as provided in chapter 504.
(5) A cooperative association as provided in chapter 497 or 498; an association, corporation, or foreign corporation as provided in chapter 499; a cooperative as provided in chapter 499A; a cooperative as provided in chapter 501; or a cooperative or foreign cooperative as provided in chapter 501A.
(6) An unincorporated nonprofit association as provided in chapter 501B.
b. “Instrument transferring an interest in real estate” means a deed, real estate contract, lease, easement, mortgage, deed of trust, or any other instrument used to effect the transfer of an interest in real estate situated in this state by any act to sell, transfer, convey, assign, lease, mortgage, or encumber the interest in the real estate.
2. An instrument transferring an interest in real estate situated in this state by an entity, unless clearly and conspicuously provided to the contrary in the instrument, includes a warranty to the transferee by the person executing the instrument of all of the following:
a. That the transferor entity is in existence at the time of the transfer.
b. That the person executing the instrument has been duly authorized by the transferor entity to execute the instrument on behalf of the entity.
c. That the person executing the instrument has the legal capacity to execute the instrument.
d. That the person knows of no facts or legal claims that might impair the validity of the transfer, including whether the instrument was given in the ordinary course of business.
3. An action to invalidate a transfer of real estate by deed or real estate contract by an entity shall be subject to the time limitations set forth in section 614.14A.
2013 Acts, ch 108, §5
Referred to in §614.14A
2023 Iowa Code › Title XIV - PROPERTY › Chapter 558A - REAL ESTATE DISCLOSURES › Section 558A.2 - Procedures.

558A.2 Procedures.
1. A person interested in transferring real property, or a broker or salesperson acting on behalf of the person, shall deliver a written disclosure statement to a person interested in being transferred the real property. The disclosure statement must be delivered prior to either the transferor making a written offer for the transfer of the real property, or accepting a written offer for the transfer of the real property.
2. The disclosure statement shall be made by personal delivery, certified or registered mail, or electronic delivery to the transferee or to the transferee’s agent. If delivery is electronic, acknowledgment of receipt shall be provided pursuant to rules adopted by the commission. The delivery may be made to the spouse of the transferee, unless otherwise provided by the parties. If the disclosure statement is not timely delivered, the transferee may withdraw the offer or revoke the acceptance without liability, within three days following personal delivery of the statement or five days following electronic delivery or delivery by mail.
3. The disclosure statement may be filed with the county recorder with instruments affecting the transfer of real estate. However, the failure to file the statement shall not cause a defect in the title to the property.
93 Acts, ch 30, §4; 2017 Acts, ch 71, §16
Referred to in §558A.5
2023 Iowa Code › Title XIV - PROPERTY › Chapter 558A - REAL ESTATE DISCLOSURES › Section 558A.3 - Good faith and amendments.

558A.3 Good faith and amendments.
1. All information required by this section and rules adopted by the commission shall be disclosed in good faith. If at the time the disclosure is required to be made, information required to be disclosed is not known or available to the transferor, and a reasonable effort has been made to ascertain the information, an approximation of the information may be used. The information shall be identified as an approximation. The approximation shall be based on the best information available at the time.
2. A disclosure statement shall be amended, if information disclosed in the statement is or becomes inaccurate or misleading, or is supplemented. The amended statement shall be subject to the same procedures as the original disclosure statement as provided in this chapter. However, the statement is not required to be amended if either of the following applies:
a. The information disclosed in conformance with this chapter is subsequently rendered inaccurate as a result of an act, occurrence, or agreement subsequent to the delivery of the disclosure statement.
b. The information is based on information of a public agency, including the state, a political subdivision of the state, or the United States. The information shall be deemed to be accurate and complete, unless the transferor or the broker or salesperson has actual knowledge of an error, inaccuracy, or omission, or fails to exercise ordinary care in obtaining the information.
93 Acts, ch 30, §5
2023 Iowa Code › Title XIV - PROPERTY › Chapter 558A - REAL ESTATE DISCLOSURES › Section 558A.4 - Required information.

558A.4 Required information.
1. a. The disclosure statement shall include information relating to the condition and important characteristics of the property and structures located on the property, including significant defects in the structural integrity of the structure, as provided in rules which shall be adopted by the real estate commission pursuant to section 543B.9. The rules may require the disclosure to include information relating to the property’s zoning classification; the condition of plumbing, heating, or electrical systems; or the presence of pests.
b. The disclosure statement may include a report or written opinion prepared by a person qualified to make judgment based on education or experience, as provided by rules adopted by the commission, including but not limited to a professional land surveyor licensed pursuant to chapter 542B, a geologist, a structural pest control operator licensed pursuant to section 206.6, or a building contractor. The report or opinion on a matter within the scope of the person’s practice, profession, or expertise shall satisfy the requirements of this section or rules adopted by the commission regarding that matter required to be disclosed. If the report or opinion is in response to a request made for purposes of satisfying the disclosure statement, the report or opinion shall indicate which part of the disclosure statement the report or opinion satisfies.
2. a. A transferor subject to the requirements of section 558.70 shall recommend in writing that the transferee obtain an independent home inspection report to provide full and complete information as required to be disclosed under this section and under rules adopted by the real estate commission pursuant to section 543B.9.
b. A transferor subject to section 558.70 shall provide the real estate disclosure statement required by this chapter at least seven days before the real estate installment sales contract is executed by all parties to the contract.
93 Acts, ch 30, §6; 96 Acts, ch 1204, §11; 2002 Acts, ch 1136, §4, 6; 2008 Acts, ch 1110, §1; 2011 Acts, ch 25, §143; 2012 Acts, ch 1009, §30
Referred to in §136B.2, 558A.6, 714.8
2023 Iowa Code › Title XIV - PROPERTY › Chapter 558A - REAL ESTATE DISCLOSURES › Section 558A.5 - Agency.

558A.5 Agency.
1. A person other than a broker or salesperson acting in the capacity of an agent in the transfer of real property shall not be deemed to be an agent of the transferor or transferee for purposes of this chapter, unless the person is granted powers of attorney or is empowered as an agent, as expressly provided in writing, and is subject to any other applicable requirements as provided by law.
2. A broker or salesperson representing the transferor shall deliver the disclosure statement to the transferee as required in section 558A.2, unless the transferor or transferee has instructed the broker or salesperson otherwise in writing.
93 Acts, ch 30, §7
2023 Iowa Code › Title XIV - PROPERTY › Chapter 558A - REAL ESTATE DISCLOSURES › Section 558A.6 - Liability under the chapter.

558A.6 Liability under the chapter.
A person who violates this chapter shall be liable to a transferee for the amount of actual damages suffered by the transferee, but subject to the following limitations:
1. The transferor, or a broker or salesperson, shall not be liable under this chapter for the error, inaccuracy, or omission in information required in a disclosure statement, unless that person has actual knowledge of the inaccuracy, or fails to exercise ordinary care in obtaining the information.
2. The person submitting a report or opinion within the scope of the person’s practice, profession, or expertise, as provided in section 558A.4, for purposes of satisfying the disclosure statement, shall not be liable under this chapter for any matter other than a matter within the person’s practice, profession, or expertise, and which is required by the disclosure statement, unless the person failed to use care ordinary in the person’s profession, practice, or area of expertise in preparing the information.
93 Acts, ch 30, §8
2023 Iowa Code › Title XIV - PROPERTY › Chapter 558A - REAL ESTATE DISCLOSURES › Section 558A.7 - Chapter is not limiting.

558A.7 Chapter is not limiting.
The duties imposed upon persons under this chapter or under rules adopted by the real estate commission shall not limit or abridge any duty, requirement, obligation, or liability for disclosure created by another provision of law, or under a contract between parties.
93 Acts, ch 30, §9
2023 Iowa Code › Title XIV - PROPERTY › Chapter 559 - POWER OF APPOINTMENT › Section 559.1 - Release by donee of power.

559.1 Release by donee of power.
1. A power to appoint which is exercisable by deed, by will, by deed or will, or otherwise, in whole or to any extent in favor of the donee of the power, the donee’s estate, the donee’s creditors, the creditors of the donee’s estate, or others, is releasable, either with or without consideration, by written instrument executed by the donee. If such instrument shall be executed and acknowledged in the manner provided for the execution and acknowledgment of instruments affecting real estate and recorded with the county recorder in the county in which the donee of the power resides or the county of last residence of the donor of the power of the county in which any real estate which may be subject to the power is located, such recording shall be deemed a sufficient delivery of such release.
2. A power to appoint described in this section is releasable with respect to the whole or any part of the property subject to such power and is also releasable in such manner as to reduce or limit the persons or objects, or classes of persons or objects in whose favor such power would otherwise be exercisable.
3. It is hereby declared that such releases are in accordance with the public policy of this state and are valid and effectual when made.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §559.1]
2018 Acts, ch 1026, §164
Referred to in §559.6
2023 Iowa Code › Title XIV - PROPERTY › Chapter 559 - POWER OF APPOINTMENT › Section 559.2 - Definition — scope of power.

559.2 Definition — scope of power.
The term “power to appoint” as used in this chapter, shall mean and include all powers which are in substance and effect powers of appointment, regardless of the language used in creating them and whether they are:
1. General, special, or otherwise.
2. Vested, contingent, or conditional.
3. In gross, appendant, simply collateral, in trust or in the nature of a trust or otherwise.
4. Exercisable by an instrument amending, revoking, altering, or terminating a trust or an estate, or an interest thereunder or otherwise.
5. Exercisable presently or in the future.
6. Exercisable in an individual or a fiduciary capacity whether alone or in conjunction with one or more other persons or corporations.
7. Powers to invade or consume property.
8. Powers remaining after one or more partial releases have heretofore or hereafter been made with respect to a power to appoint.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §559.2]
2013 Acts, ch 30, §159; 2014 Acts, ch 1026, §121; 2014 Acts, ch 1092, §125
2023 Iowa Code › Title XIV - PROPERTY › Chapter 559 - POWER OF APPOINTMENT › Section 559.3 - Release by one donee exclusive of others.

559.3 Release by one donee exclusive of others.
If a power to appoint is or may be exercisable by two or more persons either in an individual or fiduciary capacity in conjunction with one another or successively, a release or disclaimer of the power in whole or in part executed by any one of the donees of the power shall be effective to release or disclaim, to the extent therein provided, all right of such person to exercise or to participate in the exercise of the said power, but unless the instrument creating the power otherwise provides, shall not prevent or limit the exercise or participation in the exercise thereof by the other donee or donees.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §559.3]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 559 - POWER OF APPOINTMENT › Section 559.4 - Limiting release.

559.4 Limiting release.
A release of a power to appoint may also be made for life or lives or for a specified period of time.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §559.4]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 559 - POWER OF APPOINTMENT › Section 559.5 - Disclaimer.

559.5 Disclaimer.
A donee of a power to appoint may disclaim the same at any time, wholly or in part, in the same manner and to the same extent as the donee might release it.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §559.5]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 559 - POWER OF APPOINTMENT › Section 559.6 - Delivery.

559.6 Delivery.
A release or disclaimer may be delivered to any of the following:
1. Any person who could be adversely affected by the exercise of the power.
2. Any trustee of the property to which the power relates.
3. Any person specified for such purpose in the instrument creating the power.
4. The county recorder as provided in section 559.1.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §559.6]
2013 Acts, ch 30, §160
2023 Iowa Code › Title XIV - PROPERTY › Chapter 559 - POWER OF APPOINTMENT › Section 559.7 - Other lawful means.

559.7 Other lawful means.
Nothing contained in this chapter shall prevent the release of any power to appoint or the disclaimer thereof in any lawful manner.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §559.7]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 559 - POWER OF APPOINTMENT › Section 559.8 - Declaration of common law.

559.8 Declaration of common law.
This chapter shall be deemed declaratory of the common law of this state and it shall be liberally construed so as to effectuate the intent that all powers to appoint whatsoever shall be releasable.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §559.8]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 559 - POWER OF APPOINTMENT › Section 559.9 - Applicability.

559.9 Applicability.
This chapter shall apply to releases and disclaimers heretofore or hereafter delivered.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §559.9]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 560 - OCCUPYING CLAIMANTS › Section 560.1 - Right to improvements.

560.1 Right to improvements.
Where an occupant of real estate has color of title thereto and has in good faith made valuable improvements thereon, and is thereafter adjudged not to be the owner, no execution shall issue to put the owner of the land in possession of the same, after the filing of a petition as hereinafter provided, until the provisions of this chapter have been complied with.
[C51, §1233; R60, §2264; C73, §1976; C97, §2964; C24, 27, 31, 35, 39, §10128; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §560.1]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 560 - OCCUPYING CLAIMANTS › Section 560.2 - “Color of title” defined.

560.2 “Color of title” defined.
Persons of each of the classes hereinafter enumerated shall be deemed to have color of title within the meaning of this chapter, but nothing contained herein shall be construed as giving a tenant color of title against the tenant’s landlord:
1. Purchaser at judicial or tax sale. A purchaser in good faith at any judicial or tax sale made by the proper officer, whether said officer had sufficient authority to make said sale or not, unless want of authority in such officer was known to the purchaser at the time of the sale.
2. Occupancy for five years. A person who has alone or together with those under whom the person claims, occupied the premises for a period of five years continuously.
3. Occupancy and improvements. A person whose occupancy of the premises has been for a shorter period than five years, if during such occupancy the occupant or those under whom the person claims have, with the knowledge or consent of the real owner, express or implied, made any valuable improvements thereon.
4. Occupancy and payment of taxes. A person whose occupancy of the premises has been for a shorter period than five years, if such occupant or those under whom the person claims have at any time during such occupancy paid the ordinary county taxes thereon for any one year, and two years have elapsed without a repayment or offer of repayment of the same by the owner thereof, and such occupancy has continued to the time the action is brought by which the recovery of the real estate is obtained.
5. Occupancy under state or federal law or contract. A person who has settled upon any real estate and occupied the same for three years under or by virtue of any law, or contract with the proper officers of the state or of the United States for the purchase thereof and shall have made valuable improvements thereon.
[C51, §1239, 1240; R60, §2268, 2269; C73, §1982 – 1984; C97, §2967, 2968; C24, 27, 31, 35, 39, §10129; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §560.2]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 560 - OCCUPYING CLAIMANTS › Section 560.3 - Petition — trial — appraisement.

560.3 Petition — trial — appraisement.
The petition of the occupant must set forth the grounds upon which the occupant seeks relief, and state as accurately as practicable the value of the real estate, exclusive of the improvements made thereon by the claimant or the claimant’s grantors, and the value of such improvements. The issue joined thereon must be tried as in ordinary actions and the value of the real estate and of such improvements separately ascertained.
[C51, §1234, 1235; R60, §2265, 2266; C73, §1977, 1978; C97, §2965; C24, 27, 31, 35, 39, §10130; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §560.3]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 560 - OCCUPYING CLAIMANTS › Section 560.4 - Rights of parties to property.

560.4 Rights of parties to property.
The owner of the land may thereupon pay to the clerk of the court, for the benefit of the occupying claimant, the appraised value of the improvements and take the property and an execution may issue for the purpose of putting the owner of the land in possession thereof. Should the owner fail to make such payment within such reasonable time as the court may fix, the occupying claimant may pay to the clerk of the court, within such time as the court may fix, for the use of the owner of the land, the value of the property exclusive of the improvements and take and retain the property together with the improvements.
[C51, §1236 – 1238, 1243; R60, §2267, 2272; C73, §1979 – 1981, 1986; C97, §2966, 2970; C24, 27, 31, 35, 39, §10131; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §560.4]
Referred to in §560.5
2023 Iowa Code › Title XIV - PROPERTY › Chapter 560 - OCCUPYING CLAIMANTS › Section 560.5 - Tenants in common.

560.5 Tenants in common.
Should the owner of the land fail to pay for the improvements and the occupying claimant fail to pay for the land within the time fixed by the court as provided in section 560.4, the parties shall be held to be tenants in common of all the real estate including the improvements, each holding an undivided interest proportionate to the values ascertained on the trial.
[C51, §1236 – 1238; R60, §2267; C73, §1979 – 1981; C97, §2966; C24, 27, 31, 35, 39, §10132; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §560.5]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 560 - OCCUPYING CLAIMANTS › Section 560.6 - Waste by claimant.

560.6 Waste by claimant.
If the occupying claimant has committed any injury to the real estate by cutting timber or otherwise, the owner may set the same off against any claim for improvements made by such claimant.
[C51, §1241; R60, §2270; C73, §1985; C97, §2969; C24, 27, 31, 35, 39, §10133; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §560.6]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 560 - OCCUPYING CLAIMANTS › Section 560.7 - Option to remove improvements.

560.7 Option to remove improvements.
Any person having improvements on any real estate granted to the state in aid of any work of internal improvement, whose title thereto is questioned by another, may remove such improvements without other injury to such real estate at any time before that person is evicted therefrom, or that person may have the benefit of this chapter by proceeding as herein directed.
[C73, §1987; C97, §2971; C24, 27, 31, 35, 39, §10134; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §560.7]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 561 - HOMESTEAD › Section 561.1 - “Homestead” defined.

561.1 “Homestead” defined.
1. The homestead must embrace the house used as a home by the owner, and, if the owner has two or more houses thus used, the owner may select which the owner will retain. It may contain one or more contiguous lots or tracts of land, with the building and other appurtenances thereon, habitually and in good faith used as part of the same homestead.
2. As used in this chapter, “owner” includes but is not limited to the person, or the surviving spouse of the person, occupying the homestead as a beneficiary of a trust that includes the property in the trust estate.
[C51, §1250, 1251; R60, §2282, 2283; C73, §1994, 1995; C97, §2977; C24, 27, 31, 35, 39, §10135; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.1]
2007 Acts, ch 134, §3, 28
Referred to in §624.23
2023 Iowa Code › Title XIV - PROPERTY › Chapter 561 - HOMESTEAD › Section 561.2 - Extent and value.

561.2 Extent and value.
If within a city plat, it must not exceed one-half acre in extent, otherwise it must not contain in the aggregate more than forty acres, but if, in either case, its value is less than five hundred dollars, it may be enlarged until it reaches that amount.
[C51, §1252; R60, §2284; C73, §1996; C97, §2978; S13, §2978; C24, 27, 31, 35, 39, §10136; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.2]
Referred to in §624.23
2023 Iowa Code › Title XIV - PROPERTY › Chapter 561 - HOMESTEAD › Section 561.3 - Dwelling and appurtenances.

561.3 Dwelling and appurtenances.
It must not embrace more than one dwelling house, or any other buildings except such as are properly appurtenant thereto, but a shop or other building situated thereon, actually used and occupied by the owner in the prosecution of the owner’s ordinary business, and not exceeding three hundred dollars in value, is appurtenant thereto.
[C51, §1253; R60, §2285; C73, §1997; C97, §2978; S13, §2978; C24, 27, 31, 35, 39, §10137; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.3]
Referred to in §624.23
2023 Iowa Code › Title XIV - PROPERTY › Chapter 561 - HOMESTEAD › Section 561.4 - Selecting — platting.

561.4 Selecting — platting.
The owner, husband or wife, or a single person, may select the homestead and cause it to be platted, but a failure to do so shall not render the same liable when it otherwise would not be, and a selection by the owner shall control. When selected, it shall be designated by a legal description, or if impossible it shall be marked off by permanent, visible monuments, and the description shall give the direction and distance of the starting point from some corner of the dwelling, which description, with the plat, shall be filed and recorded by the recorder of the proper county in the manner provided in sections 558.49 and 558.52.
[C51, §1254, 1255; R60, §2286, 2287; C73, §1998, 1999; C97, §2979; S13, §2979; C24, 27, 31, 35, 39, §10138; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.4]
87 Acts, ch 116, §1; 2006 Acts, ch 1031, §13
Referred to in §331.607
2023 Iowa Code › Title XIV - PROPERTY › Chapter 561 - HOMESTEAD › Section 561.5 - Platted by officer having execution.

561.5 Platted by officer having execution.
Should the homestead not be platted and recorded at the time levy is made upon real property in which a homestead is included, the officer having the execution shall give notice in writing to the owner or owners if found within the county, to plat and record the same within ten days after service; after which time the officer shall cause the homestead to be platted and recorded, and the expense shall be added to the costs in the case.
[C51, §1254; R60, §2286; C73, §1998; S13, §2979; C24, 27, 31, 35, 39, §10139; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.5]
87 Acts, ch 116, §2
Referred to in §561.6
2023 Iowa Code › Title XIV - PROPERTY › Chapter 561 - HOMESTEAD › Section 561.6 - Platting under order of court.

561.6 Platting under order of court.
Upon application made to the district court by any creditor of the owner of the homestead, or other person interested therein, such court shall hear the cause upon the proof offered, and fix and establish the boundaries thereof, and the judgment therein shall be filed and recorded in the manner provided in section 561.5.
[C97, §2980; C24, 27, 31, 35, 39, §10140; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.6]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 561 - HOMESTEAD › Section 561.7 - Changes — nonconsenting spouse.

561.7 Changes — nonconsenting spouse.
1. The owner may, from time to time, change the limits of the homestead by changing the metes and bounds, as well as the record of the plat and description, or vacate it.
2. The changes described in subsection 1 shall not prejudice conveyances or liens made or created prior to the changes.
3. No such change of the entire homestead, made without the concurrence of the other spouse, shall affect that spouse’s rights, or those of the children.
[C51, §1256, 1257; R60, §2288, 2289; C73, §2000, 2001; C97, §2981; C24, 27, 31, 35, 39, §10141; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.7]
2021 Acts, ch 80, §346
2023 Iowa Code › Title XIV - PROPERTY › Chapter 561 - HOMESTEAD › Section 561.8 - Referees to determine exemption.

561.8 Referees to determine exemption.
When a disagreement takes place between the owner and any person adversely interested, as to whether any land or buildings are properly a part of the homestead, the sheriff shall, at the request of either party, summon nine disinterested persons having the qualifications of jurors. The parties then, commencing with the owner, shall in turn strike off one person each, until three remain. Should either party fail to do so, the sheriff may act for that person, and the three as referees shall proceed to examine and ascertain all the facts of the case, and report the same, with their opinion thereon, to the court from which the execution or other process may have issued within thirty days after their qualification as referees.
[C51, §1258, 1259; R60, §2290, 2291; C73, §2002, 2003; C97, §2982; C24, 27, 31, 35, 39, §10142; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.8]
Referred to in §331.653
2023 Iowa Code › Title XIV - PROPERTY › Chapter 561 - HOMESTEAD › Section 561.9 - Referring back — marking off — costs.

561.9 Referring back — marking off — costs.
The court in its discretion may refer the whole or any part of the matter back to the same or other referees, to be selected in the same manner, or as the parties agree, giving them directions as to the report required of them. When the court is sufficiently advised in the case, it shall make its decision, and may direct the homestead to be marked off anew, or a new plat and description to be made and recorded, and take such other steps as shall be lawful and expedient in attaining the purpose of this chapter. It shall also award costs in accordance with the practice in other cases, as nearly as may be.
[C51, §1260, 1261; R60, §2292, 2293; C73, §2004, 2005; C97, §2983; C24, 27, 31, 35, 39, §10143; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.9]
Costs, chapter 625
2023 Iowa Code › Title XIV - PROPERTY › Chapter 561 - HOMESTEAD › Section 561.10 - Change of circumstances.

561.10 Change of circumstances.
The extent or appurtenances of the homestead thus established may be called in question in like manner, whenever a change in value or circumstances will justify such new proceedings.
[C51, §1262; R60, §2294; C73, §2006; C97, §2984; C24, 27, 31, 35, 39, §10144; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.10]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 561 - HOMESTEAD › Section 561.11 - Occupancy by surviving spouse.

561.11 Occupancy by surviving spouse.
Upon the death of either spouse, the survivor may continue to possess and occupy the whole homestead until it is otherwise disposed of according to law, but the setting off of the distributive share of the survivor in the real estate of the deceased shall be such a disposal of the homestead as is herein contemplated.
[C51, §1263; R60, §2295; C73, §2007, 2008; C97, §2985; C24, 27, 31, 35, 39, §10145; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.11]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 561 - HOMESTEAD › Section 561.12 - Life possession in lieu of dower.

561.12 Life possession in lieu of dower.
The survivor may elect to retain the homestead for life in lieu of such share in the real estate of the deceased.
[C73, §2008; C97, §2985; C24, 27, 31, 35, 39, §10146; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.12]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 561 - HOMESTEAD › Section 561.13 - Conveyance or encumbrance.

561.13 Conveyance or encumbrance.
1. A conveyance or encumbrance of, or contract to convey or encumber the homestead, if the owner is married, is not valid, unless and until the spouse of the owner executes the same or a like instrument, or a power of attorney for the execution of the same or a like instrument, except as provided in subsection 3. However, when the homestead is conveyed or encumbered along with or in addition to other real estate, it is not necessary to particularly describe or set aside the tract of land constituting the homestead, whether the homestead is exclusively the subject of the contract or not, but the contract may be enforced as to real estate other than the homestead at the option of the purchaser or encumbrancer.
2. If a spouse who holds only homestead rights and surviving spouse’s statutory share in the homestead specifically relinquishes homestead rights in an instrument, including a power of attorney constituting the other spouse as the husband’s or wife’s attorney in fact, as provided in section 597.5, it is not necessary for the spouse to join in the granting clause of the same or a like instrument.
3. A conveyance or encumbrance or a contract to convey or encumber the homestead is not invalid under subsection 1 if any of the following apply:
a. The nonsigning spouse’s interest is terminated by a decree of dissolution of marriage or other order of the court.
b. The nonsigning spouse’s right of recovery is barred by section 614.15.
c. The encumbrance is a purchase money mortgage as defined in section 654.12B.
d. A court sitting in equity enters a decree holding that invalidating the conveyance or encumbrance or a contract to convey or encumber the homestead would, directly or indirectly, unjustly enrich the nonsigning spouse.
4. For the purposes of this section, “nonsigning spouse” means a spouse who has not executed a conveyance or encumbrance or a contract to convey or encumber the homestead, the same or a like instrument, or a power of attorney for the execution of the same or a like instrument.
[C51, §1247; R60, §2279; C73, §1990; C97, §2974; C24, 27, 31, 35, 39, §10147; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.13; 81 Acts, ch 181, §1]
91 Acts, ch 106, §1; 2007 Acts, ch 68, §1, 2; 2011 Acts, ch 11, §1
Referred to in §597.5, 614.14, 633B.204
2023 Iowa Code › Title XIV - PROPERTY › Chapter 561 - HOMESTEAD › Section 561.14 - Devise.

561.14 Devise.
Subject to the rights of the surviving spouse, the homestead may be devised like other real estate of the testator.
[C51, §1266; R60, §2298; C73, §2010; C97, §2987; C24, 27, 31, 35, 39, §10148; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.14]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 561 - HOMESTEAD › Section 561.15 - Removal of spouse or children.

561.15 Removal of spouse or children.
Neither spouse can remove the other nor the children from the homestead without the consent of the other.
[C51, §1462; R60, §2514; C73, §2215; C97, §3166; C24, 27, 31, 35, 39, §10149; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.15]
Referred to in §232.82, 598.33
2023 Iowa Code › Title XIV - PROPERTY › Chapter 561 - HOMESTEAD › Section 561.16 - Exemption.

561.16 Exemption.
The homestead of every person is exempt from judicial sale where there is no special declaration of statute to the contrary. Persons who reside together as a single household unit are entitled to claim in the aggregate only one homestead to be exempt from judicial sale. A single person may claim only one homestead to be exempt from judicial sale. For purposes of this section, “household unit” means all persons of whatever ages, whether or not related, who habitually reside together in the same household as a group.
[C51, §1245; R60, §2277; C73, §1988; C97, §2972, 2973; C24, 27, 31, 35, 39, §10150; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.16; 81 Acts, ch 182, §1]
87 Acts, ch 116, §3
Referred to in §64.15, 64.15A, 809A.4
2023 Iowa Code › Title XIV - PROPERTY › Chapter 561 - HOMESTEAD › Section 561.18 - Descent.

561.18 Descent.
If there be no survivor, the homestead descends to the issue of either spouse according to the rules of descent, unless otherwise directed by will.
[C51, §1264; R60, §2296; C73, §2008; C97, §2985; C24, 27, 31, 35, 39, §10152; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.18]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 561 - HOMESTEAD › Section 561.19 - Exemption in hands of issue.

561.19 Exemption in hands of issue.
Where the homestead descends to the issue of either spouse the homestead shall be held exempt from any antecedent debts of the issue’s parents or antecedent debts of the issue, except those of the owner of the homestead contracted prior to acquisition of the homestead or those created under section 249A.53 relating to the recovery of medical assistance payments.
[C51, §1264; R60, §2296; C73, §2008; C97, §2985; C24, 27, 31, 35, 39, §10153; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.19]
95 Acts, ch 68, §6; 96 Acts, ch 1034, §53
2023 Iowa Code › Title XIV - PROPERTY › Chapter 561 - HOMESTEAD › Section 561.20 - New homestead exempt.

561.20 New homestead exempt.
Where there has been a change in the limits of the homestead, or a new homestead has been acquired with the proceeds of the old, the new homestead, to the extent in value of the old, is exempt from execution in all cases where the old or former one would have been.
[C51, §1257; R60, §2289; C73, §2001; C97, §2981; C24, 27, 31, 35, 39, §10154; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.20]
2023 Iowa Code › Title XIV - PROPERTY › Chapter 561 - HOMESTEAD › Section 561.21 - Debts for which homestead liable.

561.21 Debts for which homestead liable.
The homestead may be sold to satisfy debts of each of the following classes:
1. Those contracted prior to its acquisition, but then only to satisfy a deficiency remaining after exhausting the other property of the debtor, liable to execution.
2. Those created by written contract by persons having the power to convey, expressly stipulating that it shall be liable, but then only for a deficiency remaining after exhausting all other property pledged by the same contract for the payment of the debt.
3. a. Those secured by a mechanic’s lien under chapter 572, including reasonable attorney fees as provided under section 572.32, subsection 1.
b. Those incurred for work done or material furnished, including principal and interest on any note securing the purchase of such material, exclusively for the improvement of the homestead.
4. If there is no survivor or issue, for the payment of any debts to which it might at that time be subjected if it had never been held as a homestead.
[C51, §1248, 1249, 1265; R60, §2280, 2281, 2297; C73, §1991 – 1993, 2009; C97, §2975, 2976, 2986; C24, 27, 31, 35, 39, §10155; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.21]
2020 Acts, ch 1075, §1, 2
Referred to in §624.23
Homestead acquired with pension funds, §627.9
Liability for assistance furnished poor person, §252.14
2023 Iowa Code › Title XIV - PROPERTY › Chapter 561 - HOMESTEAD › Section 561.22 - Notice of homestead exemption waiver requirement.

561.22 Notice of homestead exemption waiver requirement.
1. a. Except as otherwise provided in subsection 2, if a homestead exemption waiver is contained in a written contract affecting agricultural land as defined in section 9H.1, or dwellings, buildings, or other appurtenances located on the land, the contract must contain a statement in substantially the following form, in boldface type of a minimum size of ten points, and be signed and dated by the person waiving the exemption at the time of the execution of the contract:
I understand that homestead property is in many cases protected from the claims of creditors and exempt from judicial sale; and that by signing this contract, I voluntarily give up my right to this protection for this property with respect to claims based upon this contract.
b. A principal or deputy state, county, or city officer shall not be required to waive the officer’s homestead exemption in order to be bonded as required pursuant to chapter 64.
2. This section shall not apply to a written contract affecting agricultural land of less than forty acres.
86 Acts, ch 1214, §8; 87 Acts, ch 67, §1; 89 Acts, ch 153, §3; 2005 Acts, ch 86, §1
2023 Iowa Code › Title XIV - PROPERTY › Chapter 561 - HOMESTEAD › Section 561.26 - Definitions.

561.26 Definitions.
As used in this chapter, unless the context otherwise requires, “book”, “list”, “record”, or “schedule” kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1.
2000 Acts, ch 1148, §1
2023 Iowa Code › Title XIV - PROPERTY › Chapter 562 - OWNER-LESSOR AND TENANT-LESSEE › Section 562.1 - Apportionment of rent.

562.1 Apportionment of rent.
The executor of a tenant for life who leases real estate so held, and dies on or before the day on which the rent is payable, and a person entitled to rent dependent on the life of another may recover the proportion of rent which had accrued at the time of the death of such life tenant.
[C51, §1267; R60, §2299; C73, §2011; C97, §2988; C24, 27, 31, 35, 39, §10156; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §562.1]