560.2 “Color of title” defined.
352 words·~2 min read·
/ia/chapter-560-occupying-claimants/560-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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]