58-3406. Notice required to preserve claim of interest in land, exception.
58-3406
58-3406. Notice required to preserve claim of interest in land,exception.(a) Any person claiming an interest in land may preserve and keepeffective that interest by filing of record, during the twenty-five-yearperiodimmediately following the effective date of the root of title of the personwhose record title would otherwise be marketable, a written notice, dulyverified by oath, setting forth the nature of the claim. The notice shallhave the effect of preserving the claim of right fora period of notlonger than 25 years after its filing, unless again filed asrequired by this section. No disability or lack of knowledgeof any kind on the partof anyone shall suspend the running of the twenty-five-yearperiod. The noticemay be filed of record by the claimant or by any other person acting onbehalf of any claimant who is (1) under legal disability, (2) unable toassert a claim on the claimant's own behalf or (3) oneof a class, but whose identitycannot be established or is uncertain at the time of filing the notice ofclaim for record.
(b) A period of possession shall be considered equivalent to the filingof the notice immediately preceding the termination of the twenty-five-yearperiod described in subsection (a) if:
(1) The same record owner of any possessory interest in land has beenin possession of the land continuously for a period of 25 years ormore;
(2) during those 25 years no title transactionwith respect to theinterest appears of record in the record owner's chainof title;
(3) no notice has beenfiled by the record owner or on the recordowner's behalf as provided in subsection (a); and
(4) the record owner's possession continues to the time when marketabilityis being determined.
(c) It shall not be necessary for the owner of a marketable record titleto file a notice to protect the owner's marketable record title.
History: L. 1973, ch. 227, § 6; L. 1984, ch. 206, § 4; July 1.