How do I prove the existence of an easement by prescription in Iowa?

Proving the existence of an easement by prescription can be an interesting and complex legal challenge in Iowa, and is best done with the assistance of a qualified real estate attorney.

What is an Easement?

In layman's terms, an easement is when one person is allowed to use another person's land, usually for a specific purpose such as driving over it to reach a public road. Easements in Iowa can exist if they are implied, with express written permission, or by prescription.

What is an Easement by Prescription?

According to Iowa Code, an easement by prescription comes into being when a person "land under a claim of right or color or title, openly, notoriously, continuously, and hostilely for ten years or more." If you have not been using land belonging to someone else for a specific reason for at least ten years, then you cannot now have an easement by prescription although it is possible one will be created in the future.

Each of the elements mentioned above must exist for there to be an easement by prescription. In other words, you cannot have used a small corner of your neighbor's land to plant vegetables for ten years secretively, knowing all the time that you shouldn't be growing your vegetables there.

Rather, if you want to prove an easement by prescription you need to be able to show that you believed you had the right to be using the property, and why you believed this to be the case. You also have to show that the people who owned the land were fully aware of your use, even if they had never given you verbal or written permission to be using it.

Get Legal Help

Always consult with a real estate attorney when questions concerning easements, title, land rights or when buying or selling property. This is the only way to effectively protect your rights.