Full question:
I own this ground for 50 yrs and used a driveway for more then 1/2 that time . Gave grandson 10 acres in 06 and continued to use both driveway for moving large equipment on and off ground to farm it . rented ground in 2010 . Grandson wouldn't allow renter to use driveway across his ground . Renter has large equipment and has to use un-maintained dirt road if not wet, he has a steep incline to enter my ground ( no driveway ) . He has semi-trucks with grain trailers and large gravity wagons +large combines . Very hard to maneuver that larger equipment . I asked him for easement to cross his land thru his driveway 30 'x 100' and I would pay him. He is mad because I didn't rent him the ground to farm and said no . Will I have to go to court to get easement ? My lawyer said it would take forever and would be a nightmare . I have an offer on the ground and I want to sell it . But I can't this way. What Can I do ?
- Category: Real Property
- Subcategory: Easements
- Date:
- State: Iowa
Answer:
The resolution of your situation depends on the specific deeds and contracts involved. Generally, an easement allows for the right to travel over someone else's land, as long as it doesn't interfere with the owner's use of their property. If an easement was created legally, it should be recorded in land records to protect the user's rights. If your easement is blocked, you may need to renegotiate it or potentially pursue legal action.
Once an easement is established, the easement holder is responsible for its maintenance unless otherwise agreed. The easement owner can make repairs as long as they don't disrupt the landowner's use. Easements can be categorized as either easements in gross (personal rights) or appurtenant easements (attached to the property). Appurtenant easements typically remain with the property when it is sold.
To terminate an easement, certain conditions must change, such as the purpose of the easement no longer existing or the ownership of both the easement and the land merging. Misuse of an easement may lead to legal claims but usually does not terminate the easement itself.
If you cannot reach an agreement with your grandson, legal proceedings may be necessary to clarify and enforce your easement rights.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.