by admin | May 13, 2021 | Civil Procedure, Iowa
Referees who partition real estate in kind shall mark out each parcel by visible monuments, and file a report thereof. Referees may employ a surveyor or assistants to aid them, if necessary, whose fees and expenses, when allowed by the court, shall be part of the...
by admin | May 13, 2021 | Civil Procedure, Iowa
Referees authorized to make partition in kind shall qualify by taking an oath and need give no bond.Iowa. R. Civ. P. 1.1214Report 1943; October 31,1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002.
by admin | May 13, 2021 | Civil Procedure, Iowa
The court may order the referee to lease or take possession of any property involved in the action. The court may order the property preserved by injunction or by other appropriate provision for its care and custody. Expenses incurred under this rule and allowed by...
by admin | May 13, 2021 | Civil Procedure, Iowa
Personal property shall be sold free of all liens. Real property shall be sold free of all liens, except those held against the entire property sold.Iowa. R. Civ. P. 1.1212Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February...
by admin | May 13, 2021 | Civil Procedure, Iowa
The court shall decide the nature, extent, priority or validity of any party’s lien, not previously determined, on notice to the interested parties by the referees as the court prescribes, and upon issues as the court directs. Such adjudication shall precede a...
by admin | May 13, 2021 | Civil Procedure, Iowa
The decree shall establish the shares and interests of the owners in the property. A decree for partition in kind shall appoint three referees unless the parties agree on a smaller number. A decree ordering a sale shall appoint one or more referees, and three...
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