Posted by jdemaris on November 01, 2007 at 15:52:55 from (70.104.123.231):
In Reply to: easements posted by Lee in Iowa on October 31, 2007 at 21:27:32:
I disagree with some of the comments made about property law in general - but I am not up to speed on laws specific to Iowa or your area. They certainly differ thoughout the country. Some of the comments made - e.g. easements don"t specify if they are specific to Iowa law or not (and I know nothing about Iowa). Generally speaking though - at least in states I am familiar with - i.e. Florida, New York, Vermont, and Michigan - landlocked parcels are allowed in many cases. This means you cannot always get judicial relief to gain access. Most aspects of land use and/or higway law - when graning relief, do so only to a property owner - and not a renter. A property owner who allows someone else to cross his land is not automatically subject to an easement being created. Many states require proof that a use was known to the property owner for an easement by prescription to be established. Cutting across someones land if they don"t see you, even for 20 years, does"t mean much. Also, in many cases, a property owner can give temporary permission to others to cross his land to avoid future claims of prescriptive easements or adverse easements. In regard to courts and/or judges granting easements to owners of landlocked parcels - this does not happen in all states. And, in states that do allow it - like Michigan, it"s limited by many factors. An owner of property can cut off access and it"s up to you to prove him wrong - not up to him to prove his right on his own land. I suggest you read up on Iowa land law, and read closely. Also do a Lexus-Nexus case-law search for your area in regard to prescriptive and adverse easements and see what the current legal track record is.
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