Subject to the matters stated in section 614.32, such marketable record title shall be
held by its owner and shall be taken by any person dealing with the land free and clear of
all interests, claims or charges whatsoever, the existence of which depends upon any act,
transaction, event or omission that occurred prior to the effective date of the root of title. All
such interests, claims or charges, however denominated, whether legal or equitable, present
or future, whether such interest, claims or charges are asserted by a person able to assert
a claim on the person’s own behalf or under a disability, whether such person is within or
without the state, whether such person is natural or corporate, or is private or governmental,
are hereby declared to be null and void.
[C71, 73, 75, 77, 79, 81, §614.33]
Referred to in §257B.28, 455I.9, 457A.2, 614.29, 614.32
\n
Notes of Decisions
Fencl v. City of Harpers Ferry, 620 N.W.2d 808 (Iowa 2000).
· cites it 4× “(citing Iowa Code § 614.33 ). We do not find it necessary in the case before us to decide whether the forty-year act would bar claims to public trust property because the contested alley does not qualify as public trust property, a conclusion we will now explain.”
State v. Sorensen, 436 N.W.2d 358 (Iowa 1989).
· cites it 2× “See Iowa Code § 614.33 . I. Application of Section 614.”
Chicago & North W. Ry. Co. v. City of Osage, 176 N.W.2d 788 (Iowa 1970).
· cites it 2× “In reference to the other newly enacted statutes section 614.33, Code, effective July 1, 1969, provides that on failure to comply with their terms, “ * * * all such interests, claims or charges, however denominated, whether legal or equitable, present or future, whether such…”
Mulhern v. Kruger (Iowa Ct. App. 2025).
“§ 614.33. As the district court correctly recognized, the estate’s claim that the forty- year act extinguishes the remainder beneficiaries’ interests in the farmland rests on the estate having “marketable record title.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.