In Iowa who may claim an easement by implication?

Easements are essentially the right to use land that is not yours. An easement by implication means that there is no clear express or written permission granted for the easement. Instead, the person gains an implied right to do whatever it is the easement is for. 

In order to claim an easement by implication Iowa, the rules are:

• First the unity of title must be severed (i.e. the person who holds title to the land must lose the right to stop the other person from using the easement).  
• For this to happen, the use of the easement must have gone on for so long that is must be apparent that it was meant to be permanent.  
• It also has to be proved that the easement was continuous, and 
• It must be proven that the use of the easement is extremely important to the person who is using it.  

Easements can also be established in Iowa in other ways as well:

• Express easements can be established with a contract or a deed.  This will include the details, like location and dimensions, and what the easement covers.  
• An easement by prescription occurs when the land has been used openly and continuously for over ten years.  
• An easement by necessity is another option, which is similar to an easement by implication. However, for easement of implication, there needs to be proof that the parties involved intended to establish an easement, whereas an easement of necessity does not need proof of their intent.

To get help determining if you have an easement, or for assistance in establishing an easement by implication in Iowa, you should strongly consider speaking with an attorney.