Iowa Code » Chapter 560 — OCCUPYING CLAIMANTS
Iowa Code

Iowa Code § 560.3 (2026)

Petition — trial — appraisement

✓ current as of July 2026
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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]

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Notes of Decisions
Cited in 4 cases, 1951–2014 · leading case: Moser v. Thorp Sales Corp., 312 N.W.2d 881 (Iowa 1981).
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Moser v. Thorp Sales Corp., 312 N.W.2d 881 (Iowa 1981). · cites it 6× “§ 560.3, The Code. Section 560.1 provides, in pertinent part, that an occupant of real estate who had color of title to the property and in good faith made valuable improvements on the property and is later adjudged not to be the owner of the land may be able to recover the…”
Meyers v. Canutt, 46 N.W.2d 72 (Iowa 1951). · cites it 8× “It is a consideration of some importance, favorable to plaintiff, that the suit is in equity, tried as such and not as an ordinary action like the usual occupying-claimant petition under Code section 560.3, I.C.A. Betz v. Sioux City, 239 Iowa 95, 99 , 30 N.”
In the Matter of the Est. of Glen A. Waterman, Jingles Ti-Okay Waterman, 847 N.W.2d 560 (Iowa 2014). · cites it 2× “Although actions under Iowa Code chapter 560 “must be tried as in ordinary actions,” see Iowa Code § 560.3 , the district court and the parties expressly stated in the record their belief the trial of this matter was in equity.”
Notelzah, Inc. v. Destival, 537 N.W.2d 687 (Iowa 1995). “§ 560.3. The petitioner must, however, accurately establish the value of the land and the improvements.”
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