Iowa Easement Law

An easement is a non-possessory right of use over the land of another. Generally, an easement is granted for a specific purpose and the easement holder may not expand the use of the easement without the consent of the landowner.

There are many kinds of easements and each falls into one of two categories:

1. Easements Appurtenant – An easement appurtenant benefits adjoining property. Easements appurtenant are characterized by the existence of a dominant estate and and servient estate. The dominant estate is the property which benefits from the easement. The servient estate is the property which is burdened by the easement. Easements appurtenant can be sold, assigned, and inherited.
2. Easements In Gross – An easement in gross benefits a particular individual or business entity. When the easement holder dies, the easement terminates. Moreover, easements in gross cannot be sold or assigned.

Establishing Easements in Iowa

Iowa law recognizes several methods of establishing easements:

• Express Easements – Express easements are created by deed, contract, or other written instrument. A properly drafted express easement sets forth the location and dimensions of the easement along with the scope of the easement.
• Easements by Prescription - To prove the existence of an easement by prescription, a claimant must show that he has used the land over which he claims the easement under claim of right or color of title, openly, notoriously, continuously, and hostilely for a period of ten years or more.
• Easements by Necessity – To establish an easement by necessity, a claimant must show that:

1. There was unity of title between the dominant and servient estates at some point prior to severance;
2. Unity of title was severed; and
3. There is a necessity for the easement.
   

Easements by necessity are most commonly found in relation to the conveyance of a landlocked parcel of land.

• Easements by Implication – An easement by implication may be claimed by anyone in the chain of title, whether grantor or grantee. To prove the existence of an easement by implication, a claimant must prove the following four elements:

1. A severance of the unity of title;
2. That before the severance occurred, the use giving rise to the easement had continued for so long and was so obvious that is was manifest it was intended to be permanent;
3. That the easement is continuous rather than temporary; and
4. That the easement is essential to the beneficial use of the dominant or servient tenement.

The primary difference between an easement by implication and an easement by necessity is that proving an easement by implication requires proof that the parties intended to create an easement although they did not express that intent. Establishing an easement by necessity requires no proof of the intent of the parties.

Easement and Boundary Disputes

Easement issues frequently arise in relation to the erection of property improvements. When improvements, such as fences, retaining walls, sheds, and driveways, for example, encroach on adjoining property, the owner of the improvements may be required to remove them or to pay the adjoining landowner for an easement.

Easement issues may also involve allegations of misuse of or interference with the easement. Another common easement issue revolves around abandonment and non-use of the easement.

Help from a Real Estate Attorney for Easement Issues in Iowa

When easement issues arise, it's advisable to retain an experienced real estate attorney. A real estate attorney will review the surveys, title search, and other relevant documents in order to ascertain the boundary lines of the property and the location of any improvements and easements thereon. A real estate attorney will explain how Iowa easement law applies to the facts of the case and will formulate a strategy to prosecute or defend the case.