Posted by cat236 on November 01, 2007 at 02:24:22 from (64.136.49.229):
In Reply to: easements posted by Lee in Iowa on October 31, 2007 at 21:27:32:
Two problems I believe are that you as a leasee would need to show contractualy that the landowner had such an easement with the first owner of the adjoining property. You state that you have no contact with the owner when your rent began,so effectively did you ever have a legal easement.That is to say if someone has accessed parts of my property for a series of years without my express consent,how is he now entitled to that easement legally from this point on? I would try to document and verify your contacts with the individuals you spoke with over the past several years that lead you to believe you had such an easement.I would think you would stand a better chance of retaining easement with thet new owner by being honest with the whos and hows you came to using it. Being obstinant and difficult will gain you absolutely nothing other then aggravation.From your description the new owner has not completley objected at this point.Invite him over to dinner,meet the family, just generally be a good neighbor I would be surprised if he would not be receptive.As I see it, if he purchased the land and had no legal easements assessed at the time he purchased the land,which would have been a portion of title search,subsequently there are none,legally speaking.This is only my opinion based on experience with similar issues.Good luck
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