Full question:
A parcel of land that adjoins land we own is being sold. This land is strictly timber and hunting ground so for many years the person who owned the land was able to get to his land by crossing a river/stream that is considered easy to cross and is shallow most times of the year. Recently we were told that this parcel of land is considered "landlocked" and the seller is claiming that the person he is selling the land to will have the right to an easement through my property. Is that true even though the land is accessible by another method (crossing the river) and the land is only used for hunting purposes?
- Category: Real Property
- Subcategory: Easements
- Date:
- State: Iowa
Answer:
The Iowa case of Owens v. Brownlie, No. 56/98-1133 (Iowa 2000), provides insight into this issue. In this case, the Brownlie family owned a 200-acre farm bordered by roads and a creek. They had historically accessed their land using three methods, one of which involved crossing the creek. However, over time, access through the creek became impractical, leading the Brownlies to claim their property was landlocked and seek a public easement through a neighbor's land.
The court found that the Brownlies did not have reasonable access to their land and were entitled to seek condemnation of the neighbor's land for access. The law allows owners of landlocked property to pursue condemnation if they have no public or private access to their land (Iowa Code § 6A.4(2)). The court emphasized that existing access must be reasonably adequate for the intended use of the land.
In your case, if the land in question is indeed considered landlocked, the new owner may seek an easement through your property. However, the key factor is whether the existing access (crossing the river) is deemed reasonable for their intended use, which is hunting. If the river crossing is seen as adequate, the claim for an easement may be challenged.
Ultimately, the determination will depend on the specifics of the situation, including the practicality of the river crossing and the intended use of the land.
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