Actions in Particular CasesActions to Re-establish Destroyed Land Records
Section § 751.01
This law is known as the Destroyed Land Records Relief Law, which suggests it deals with issues arising from land records that have been destroyed.
Section § 751.02
If the public records in a county recorder's office are lost or destroyed due to natural disasters or other events, a person claiming ownership of real estate in that county can file a lawsuit to prove their ownership. This lawsuit can establish their title and address any competing claims. The action can also be brought in a neighboring county if the records affected covered a period when the property was part of the county with lost or destroyed records.
Section § 751.03
If someone is suing over multiple pieces of land they claim to own, they can include all of those pieces in one lawsuit instead of filing separate ones.
Section § 751.04
This law section explains how to start a legal case to determine property ownership or interests. It requires the person bringing the case to file a verified complaint, naming themselves as the plaintiff and describing all parties who might claim any interest or lien on the property as defendants. The complaint must include details about the property and the plaintiff's claimed rights or interests in it.
Section § 751.05
This law describes the requirements for issuing a summons when a complaint is filed about real property. The summons must include the court's name, county, plaintiff's name, and a description of the property in question. It must be directed to anyone claiming an interest or a lien on the property, demanding they respond within three months. If they fail to do so, the court may grant the plaintiff what they ask for in their complaint. The summons must be signed and sealed by the court clerk.
FOR THE COUNTY (OR CITY AND COUNTY) OF _______
Section § 751.06
Section § 751.07
This law section explains what to include in a legal notice when someone claims an interest in property that conflicts with the plaintiff's claim. If an affidavit reveals that another person claims an interest or lien on the property, this information, including the person's name and address, must be attached to the legal summons. The notice should explicitly list these parties and their claims as adverse to the plaintiff.
Section § 751.08
Section § 751.09
When someone files a complaint about property ownership in court, they need to also file a detailed sworn statement called an affidavit. This statement must clearly explain their connection to the property, any past sales or liens, and if anyone else claims a stake in it. If they can't provide this information, they need to explain why. If the person filing is a company, an officer must make the statement, and if they're under guardianship, their guardian must do it. The affidavit becomes part of the official court record.
Section § 751.10
If someone is mentioned in an affidavit as having an interest in property that conflicts with the plaintiff's claim, they need to receive legal documents about the case, but only if they can be found easily. This is to be done during the same time the summons is publicly announced, following the usual rules for serving legal papers, except for publication methods. If the person can't be located with reasonable effort during this time, the documents must be mailed to their known address, or if that's unavailable, to the county seat where the action is happening, after the public announcement period ends.
Section § 751.11
Once the legal process of publicizing and delivering a summons (a legal notice) as described in another section is finished, the court has full authority over both the person who started the case and anyone who has any type of claim on the property involved. The court can then fully manage the property for the case and make any decisions needed.
Section § 751.12
If someone believes they have a legal claim or interest in a property that's been summoned in court, they have three months to formally join the legal action. The court may extend this by up to 30 more days if there's a good reason. When joining the case, they must clearly explain and verify their claimed property interest or lien in their response to the complaint.
Section § 751.13
This law requires anyone filing a lawsuit about property to record a notice that the lawsuit is ongoing, called a 'notice of pendency'. This has to be done at the county recorder's office where the property is located. The notice must state what the lawsuit is about and describe the property involved. This tells others that the property is part of a legal action.
Section § 751.14
Section § 751.15
This law section explains that a court judgment will finalize and settle every type of ownership and claim related to a property. It applies to current and future claims, including those with specific rights or obligations like mortgages. Once decided, this judgment affects anyone who had or claimed any stake in the property when the legal action began, as well as those who claim through them afterwards.
Section § 751.16
After a legal judgment is made, a certified copy of it must be filed with the county recorder's office where the case started. Anyone involved in the case, or their successors, can record the complete court documents, called the judgment roll, in that same office.
Section § 751.17
This law section says that, unless there is a specific rule in this chapter saying otherwise, all the usual rules and procedures for handling evidence, making legal arguments, and conducting trials and appeals in civil cases apply to cases covered by this chapter.
Section § 751.18
Once the summons has been issued in a case, any involved party can take witness statements, called depositions, if they notify the opposing party, who is part of the case, and also inform the court clerk. These depositions can be used in the case by either party, as long as they follow fair procedures and rules.
Section § 751.19
This law requires the court clerk to assign a unique, consecutive number to each legal case that falls under this chapter, keeping these cases organized in their own special index and register.
Section § 751.20
This law says that if a court decision has already been made about a piece of real estate, you can't start another legal case about the same property until everyone involved in the original case, or their successors, have been officially notified at least a month before the deadline to respond to the new case.
Section § 751.21
This law states that if you are someone like an executor, administrator, guardian, or conservator who is looking after someone else's property, you have the right to start a lawsuit or defend one based on this chapter's provisions.
Section § 751.22
This law section explains that the remedies discussed in the chapter can be used along with any other legal methods already available for confirming or securing ownership of real estate property. This means you have multiple options to resolve property title disputes.
Section § 751.23
This law allows a person who claims to own real estate or has an interest in it to officially document and file their claim in the county where the property is located. They can do this directly or through an agent with recorded authorization. The notice must include details about the claimant, their residence, a description of the property, how they obtained their interest, and other relevant information. This helps to establish or clear the title to the property, especially when records may have been destroyed.
Section § 751.24
When someone makes a claim and gives a notice about it, that notice has to be signed by them or their representative. The person signing it must also swear that everything in the notice is true to the best of their knowledge.
Section § 751.25
When a notice is filed, the recorder is required to document it exactly the same way as described in Section 409.
Section § 751.26
Three days after a notice is filed, anyone who starts a legal action related to it is considered informed about what the notice says. However, just filing or recording the notice doesn't count as notifying anyone else. The original notice is sent back to the person who asked for it after being recorded.
Section § 751.27
If you want to start a legal case to claim ownership or establish your rights over a property after filing a certain notice, you must include in your affidavit the person who originally claimed an interest in that property, or anyone who became their successor by a legally recorded document. You also need to serve them with a legal notice called a summons. If you don't, your case won't affect their stake in the property. However, the ruling will still apply to everyone else except the person or successor you didn’t name or notify.
Section § 751.28
This section allows certain legal representatives, like executors or guardians, to handle paperwork related to property on behalf of someone else. They can create and file necessary notices and affidavits for the estate or interest they manage.