1. Effect of recording. An instrument affecting real estate is of no validity against subsequent purchasers for a valuable consideration, without notice, or against the state or \n Tue Dec 09 22:01:10 2025 Iowa Code 2026, Chapter 558 (51, 0) 7 CONVEYANCES, §558.44\n\nany of its political subdivisions during and after condemnation proceedings against the real estate, unless the instrument is filed and recorded in the county in which the real estate is located, as provided in this chapter.
2. Priority. An interest in real estate evidenced by an instrument so filed shall have priority over any lien that is given equal precedence with ordinary taxes under chapter 260E or 260F, or its successor provisions, except for a lien under chapter 260E or 260F upon the real estate described in an instrument or job training agreement filed in the office of the recorder of the county in which the real estate is located prior to the filing of a conflicting instrument affecting the real estate, and a subordinate lien under chapter 260E or 260F may be divested or discharged by judicial sale or by other available legal remedy notwithstanding any provision to the contrary contained in chapter 260E or 260F, or its successor provisions. Nothing in this section shall abrogate the collection of, or any lien for, unpaid property taxes which have attached to real estate pursuant to chapter 445, including taxes levied against tangible property that is assessed and taxed as real property pursuant to chapter 427A, or the collection of, or any lien for, unpaid taxes for which notice of lien has been properly recorded pursuant to section 422.26.
3. Prohibitions against recording unenforceable. A provision contained in a residential real estate installment sales contract which prohibits the recording of the contract, or the recording of a memorandum of the contract, is unenforceable by any party to the contract.
4. Termination of life estate. Upon the termination of a life estate interest through the death of the holder of the life estate, any surviving holder or successor in interest shall prepare a change of title or affidavit for tax purposes and shall deliver such instrument to the county recorder of the county in which each parcel of real estate is located. [C51, §1211; R60, §2220; C73, §1941; C97, §2925; C24, 27, 31, 35, 39, §10105; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §558.41] 93 Acts, ch 33, §1; 93 Acts, ch 180, §91; 98 Acts, ch 1120, §2; 2004 Acts, ch 1144, §3; 2006 Acts, ch 1031, §7 \n
Notes of Decisions
Cited in
26
cases (
1 in the last 5 years), 1947–2025 · leading case:
Shill v. Careage Corp., 353 N.W.2d 416 (Iowa 1984).
Shill v. Careage Corp., 353 N.W.2d 416 (Iowa 1984).
· cites it 10× “” Iowa Code § 558.41 . The court found as a matter of law there was a correlation between the recording statutes and the rights of an injured party and went on to state that “[t]he failure to record the lease in this case leaves the landlord in control of the property.”
Sun Valley Iowa Lake Ass'n v. Anderson, 551 N.W.2d 621 (Iowa 1996).
· cites it 3× “Two sections are pertinent here, Iowa Code sections 558.41 and 558.55. Section 558.41 states: No instrument affecting real estate is of any validity against subsequent purchasers for a valuable consideration, without no-' tice, unless filed in the office of the recorder of the…”
Jamison v. Knosby, 423 N.W.2d 2 (Iowa 1988).
· cites it 4× “See Iowa Code §§ 558.41 , 558.44. Six days later, Knosby failed to make the November 1 interest payment.”
Plymouth Cnty. ex rel. Raymond v. Merscorp, Inc., 886 F. Supp. 2d 1114 (N.D. Iowa 2012).
· cites it 8× “Pursuant to section 558.41, “[a]n instrument affecting real estate is of no validity against subsequent purchasers for a valuable consideration, without notice, .”
Freedom Fin. Bank v. Est. of Edward J. Boesen, 805 N.W.2d 802 (Iowa 2011).
· cites it 2× “Section 558.41 states the only effect of an improperly recorded instrument is the “instrument affecting real estate is of no validity against subsequent purchasers for a valuable consideration, without notice.”
Plymouth Cnty. v. MERSCORP, Inc., 287 F.R.D. 449 (N.D. Iowa 2012).
· cites it 4× “The County now argues that Iowa Code § 558.41 (establishing the priority of a recorded mortgage or assignment) is the “crux” of its claims, rather than Iowa Code § 558.”
Fed. Land Bank v. Terpstra (In Re Porter), 90 B.R. 399 (N.D. Iowa 1988).
· cites it 4× “in any manner relating to real es-tate_” Iowa Code § 558.41 provides that No instrument affecting real estate is of any validity against subsequent purchasers for a valuable consideration, without notice, unless filed in the office of the recorder of the county in which the same…”
McKeon v. Brammer, 29 N.W.2d 518 (Iowa 1947).
· cites it 2× “It is the law that a purchaser of the servient estate will be charged with notice of all apparent easements and the purchaser is bound where a reasonably careful inspection of the premises would disclose the existence of the easement.”
United Props., Inc. v. Walsmith, 312 N.W.2d 66 (Iowa Ct. App. 1981).
· cites it 2× “See § 558.41, The Code. There also is no evidence in the record that defendants were actually notified of the assignment, or that they were otherwise placed on constructive or inquiry notice.”
Bell v. Pierschbacher, 62 N.W.2d 784 (Iowa 1954).
· cites it 2× “41, Code, 1950, commonly referred to as the recording act, provides: “No instrument affecting real estate is of any validity against subsequent purchasers for a valuable consideration, without notice, unless filed in the office of the recorder * * Obviously plaintiffs have no…”
Raub v. Gen. Income Sponsors of Iowa, Inc., 176 N.W.2d 216 (Iowa 1970).
· cites it 2× “In the Pierschbacher case we said such a purchaser takes title divested of such equities and that the rules for determining bona fide purchasers are the same as for establishing what purchasers are entitled to protection under our recording act, section 558.41, Code of Iowa. We…”
— Iowa Code § 558.41(1) — 2 cases
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