CHAPTER 3.5. Actions to Re-establish Destroyed Land Records

Chapter 3.5 added by Stats. 1953, Ch. 52.

§§ 751.01–751.28 · 28 sections

§ 751.01 This chapter may be cited as the Destroyed Land Records Relief Law.
§ 751.02 Whenever the public records in the office of the county recorder of any county are lost or destroyed in whole or in any material part by flood, fire,…
§ 751.03 Any number of separate parcels of land claimed by the plaintiff may be included in the same action.
§ 751.04 The action shall be commenced by the filing of a verified complaint. The party commencing the action shall be named as plaintiff, and the defendants shall be…
§ 751.05 Upon the filing of the complaint, a summons shall be issued under the seal of the court. The summons shall contain the name of the court and county in which…
§ 751.06 The summons shall be published in a newspaper of general circulation published in the county in which the action is brought. The newspaper in which publication…
§ 751.07 If the affidavit provided for in Section 751.09 discloses the name of any person claiming an interest in the property or a lien thereon adverse to the…
§ 751.08 A copy of the summons and a copy of the memorandum shall be posted in a conspicuous place on each separate parcel of the property described in the complaint…
§ 751.09 At the time of filing the complaint the plaintiff shall file with it his affidavit fully and explicitly setting forth and showing: (a) The character of the…
§ 751.10 If the affidavit discloses the name of any person claiming any interest in or lien upon the property adverse to the plaintiff, a copy of the summons and…
§ 751.11 Upon the completion of the publication and posting of the summons and its service or mailing as provided for in Section 751.10, the court has complete…
§ 751.12 At any time within three months after the first publication of the summons, or such further time not exceeding 30 days as the court for good cause may grant,…
§ 751.13 At the time of filing the complaint the plaintiff, and at the time of filing his or her answer every defendant claiming any affirmative relief, shall record in…
§ 751.14 Judgment in any such action shall not be given by default, but the court must require proof of the facts alleged in the complaint and other pleadings.
§ 751.15 The judgment shall determine all estates, rights, titles, interests, and claims in and to such property and every part thereof, whether legal or equitable,…
§ 751.16 A certified copy of the judgment shall be recorded in the office of the recorder of the county in which the action was commenced. Any party or the successor in…
§ 751.17 Except as otherwise provided in this chapter, all rules of law relating to evidence, pleading, practice, new trials, and appeals applicable to other civil…
§ 751.18 At any time after the issuance of summons, any party to the action may take depositions in conformity to law upon notice to the adverse party sought to be…
§ 751.19 The clerk shall number all actions authorized by this chapter consecutively in a distinct series and shall keep an index and register devoted exclusively to…
§ 751.20 Whenever judgment in an action authorized by this chapter has been entered as to any real property, no other action relative to all or any part of the same…
§ 751.21 An executor, administrator, guardian, conservator, or other person holding the possession of property in the right of another may maintain as plaintiff, and…
§ 751.22 The remedies provided for by this chapter are cumulative and in addition to any other remedy provided by law for quieting or establishing title to real…
§ 751.23 Where the title to real property may be established or quieted pursuant to this chapter, any person who is or claims to be the owner of such real property or…
§ 751.24 The notice shall be signed by the claimant or by his agent and shall be verified by the oath of the party signing it, to the effect that all of the statements…
§ 751.25 Upon the filing of the notice for recordation the recorder shall record the notice in the same manner as provided in Section 409.
§ 751.26 After three days after the notice has been filed for record, all persons who may begin actions pursuant to this chapter shall be deemed to have notice of the…
§ 751.27 After three days after the filing of the notice for record, any person who begins an action pursuant to this chapter to perfect or establish his title to the…
§ 751.28 An executor, administrator, guardian, conservator, or other person holding the possession of property in the right of another, may make, sign, verify, and file…