Iowa Code » Chapter 649 — QUIETING TITLE
Iowa Code

Iowa Code § 649.5 (2026)

Demand for quitclaim — attorney fees

✓ current as of July 2026
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1. Before bringing suit to quiet a title to real estate, a party may make a written request to the person holding an apparent adverse interest or right in the property asking that such person, and that person’s spouse if any, execute, have acknowledged, and deliver a quitclaim deed to the property to such requesting party.

2. The written request described in subsection 1 shall include a draft quitclaim deed to the property, the street address of the property, a brief explanation of how the apparent adverse interest or right arose, if known, and why the party believes the interest or right is not a valid claim against title, a copy of this section, a self-addressed stamped envelope, and fifty dollars to cover the expense of the execution, acknowledgment, and delivery of the deed.

3. If the person holding an apparent adverse interest or right in the property fails to comply within twenty days of receiving the written request, the filing of a disclaimer of interest or right shall not avoid the costs in an action afterwards brought, and the court may assess, in\n\nTue Dec 09 21:58:12 2025 Iowa Code 2026, Chapter 649 (17, 0) §649.5, QUIETING TITLE 2\n\naddition to the ordinary costs of court, a reasonable attorney fee for the requesting party’s attorney. [C97, §4226; C24, 27, 31, 35, 39, §12289; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §649.5] 86 Acts, ch 1237, §37; 2017 Acts, ch 147, §1 \n

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1953–2025 · leading case: Baratta v. Polk Cnty. Health Servs., Inc., 588 N.W.2d 107 (Iowa 1999).
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Baratta v. Polk Cnty. Health Servs., Inc., 588 N.W.2d 107 (Iowa 1999). · cites it 8× “As part of its counterclaim, PCHS sought attorney fees under Iowa Code section 649.5, which states as follows: If a party, twenty days or more before bringing suit to quiet a title to real estate, requests of the person holding an apparent adverse interest or right therein the…”
Elyse De Stefano v. Apts. Downtown, Inc., 879 N.W.2d 155 (Iowa 2016). · cites it 2× “§ 649.5 (permitting court to “assess, in addition to the ordinary costs of court, an attorney fee” to a successful plaintiff in an action to quiet a title); id.”
Montgomery Props. Corp. v. Econ. Forms Corp., 305 N.W.2d 470 (Iowa 1981). “See § 649.5, The Code 1981. See also Restatement (Second) of Torts § 633 (1977).”
Sorenson v. Knott, 320 N.W.2d 645 (Iowa Ct. App. 1982). · cites it 2× “They further claimed that they had made a demand for a quit claim deed pursuant to section 649.5, The Code, which was denied and thus, if they were successful in establishing their title, they should be awarded reasonable attorney fees.”
Martin Robinson, Paula Robinson, Tom Robinson, & Laura Robinson v. Cent. Iowa Power Coop.; Coggon Solar, LLC; Kenneth M. Ludolph; & Deanice R. Ludolph (Iowa 2025). · cites it 13× “The appellants challenge a district court ruling that they do not have a drainage easement at a fixed point across their neighbors’ property, do not have a right to access and repair drainage tile on their neighbors’ property, and awarding attorney fees to opposing parties…”
MacK v. Tredway, 56 N.W.2d 678 (Iowa 1953). · cites it 2× “Notice and demand that the appellant execute a quitclaim deed to the appellee was served on Tredway on November 22, 1948 (section 649.5, 1946 Code). By virtue of the fact that the appellant refused to execute such a deed the appellee commenced on April 20, 1949, the action which…”
Michael William Stoltze v. Grace Maher n/k/a Grace Stokes & Macauley Stokes (Iowa 2025). · cites it 2× “Iowa Code section 649.5(3) (2022) authorized the district court to assess “a reasonable attorney fee” to the Stokeses as part of their quiet-title action, and it is undisputed that the Stokeses properly sought attorney fees in their petition.”
First Am. Bank & C.J. Land, L.L.C. v. Fobian Farms, Inc., Hoover High. Bus. Park, Inc., & Gateway, Ltd. (Iowa Ct. App. 2015). · cites it 2× “The court found that Iowa Code section 649.5 limited the possible award of attorney fees to the amount of forty dollars.”
Elyse De Stefano v. Apts. Downtown, Inc. (Iowa 2016). “§ 649.5 (permitting court to “assess, in addition to the ordinary costs of court, an attorney fee” to a successful plaintiff in an action to quiet a title); id.”
Amended July 26, 2016 Elyse De Stefano v. Apts. Downtown, Inc. (Iowa 2016). “§ 649.5 (permitting court to “assess, in addition to the ordinary costs of court, an attorney fee” to a successful plaintiff in an action to quiet a title); id.”
— Iowa Code § 649.5(1) — 1 case
Martin Robinson, Paula Robinson, Tom Robinson, & Laura Robinson v. Cent. Iowa Power Coop.; Coggon Solar, LLC; Kenneth M. Ludolph; & Deanice R. Ludolph (Iowa 2025). “The appellants challenge a district court ruling that they do not have a drainage easement at a fixed point across their neighbors’ property, do not have a right to access and repair drainage tile on their neighbors’ property, and awarding attorney fees to opposing parties…”
— Iowa Code § 649.5(3) — 2 cases
Michael William Stoltze v. Grace Maher n/k/a Grace Stokes & Macauley Stokes (Iowa 2025). “Iowa Code section 649.5(3) (2022) authorized the district court to assess “a reasonable attorney fee” to the Stokeses as part of their quiet-title action, and it is undisputed that the Stokeses properly sought attorney fees in their petition.”
Martin Robinson, Paula Robinson, Tom Robinson, & Laura Robinson v. Cent. Iowa Power Coop.; Coggon Solar, LLC; Kenneth M. Ludolph; & Deanice R. Ludolph (Iowa 2025). “The appellants challenge a district court ruling that they do not have a drainage easement at a fixed point across their neighbors’ property, do not have a right to access and repair drainage tile on their neighbors’ property, and awarding attorney fees to opposing parties…”
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