Can you trespass on an easement?

An easement owner cannot claim another party has trespassed on their easement, because trespass involves interference with the plaintiff's exclusive possession. Easement holders do not have a right to exclusive possession. They may claim nuisance, but only if the interference is substantial and unreasonable.

Is an unrecorded easement enforceable?

While an unrecorded easement may still be enforceable, the easement may be nullified by a "bona fide purchaser" of the property if the property is sold for value and the subsequent purchaser has no notice (constructive or otherwise) of the unrecorded easement.

Can you build a fence on an easement?

Action can be taken against if you interfere with their right to access the easement for example you can't lock or fence them out of the easement land, nor build over the easement land.

Can you mortgage an easement?

The property owners could pay off the mortgage and refinance with a new mortgage after the easement is put in place. This would put the easement holder's interest ahead of the mortgage holder's. This is the simpler solution but not always practical from the owners' financial standpoint.

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Iowa Consent of Mortgage - used when easement is needed with a...

Iowa Consent of Mortgage - used when easement is needed with a mortgaged property

Name: Iowa Consent of Mortgage - used when easement is needed with a mortgaged property
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.58 (464 reviews)

Category:

Iowa Real Estate - Easements and Rights of Way

State:

Iowa

Control #:

IA-EAS-6

Format:

Instant download

Description

Used to assure that mortgaged property is held subordinate to a given easement. [easement to be drafted separately]

An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.

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How to fill out Iowa Consent Of Mortgage - Used When Easement Is Needed With A Mortgaged Property?

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FAQ

An easement owner cannot claim another party has trespassed on their easement, because trespass involves interference with the plaintiff's exclusive possession. Easement holders do not have a right to exclusive possession. They may claim nuisance, but only if the interference is substantial and unreasonable.

Easement holders have the right to use the land to their enjoyment as long as it does not place an unreasonable burden on the servient estate. Landowners have the right to make whatever use of the land as long as it doesn't unduly affect the easement.

3 attorney answers Just record the easement. The register of deeds must record it if it is in recordable form.

The party gaining the benefit of the easement is the dominant estate (or dominant tenement), while the party granting the benefit or suffering the burden is the servient estate (or servient tenement). For example, the owner of parcel A holds an easement to use a driveway on parcel B to gain access to A's house.

While an unrecorded easement may still be enforceable, the easement may be nullified by a "bona fide purchaser" of the property if the property is sold for value and the subsequent purchaser has no notice (constructive or otherwise) of the unrecorded easement.

Action can be taken against if you interfere with their right to access the easement for example you can't lock or fence them out of the easement land, nor build over the easement land.

An easement can decrease the value of a real estate, increase the value of the real estate or it can have no impact on the value of the real estate at all. The most important fact is that each property and situation should be evaluated on individual basis, taking into account all the circumstances.

The property owners could pay off the mortgage and refinance with a new mortgage after the easement is put in place. This would put the easement holder's interest ahead of the mortgage holder's. This is the simpler solution but not always practical from the owners' financial standpoint.

If an authority has an easement registered over your land, they have the right to access the easement to maintain or repair the easement land or their equipment on the land.

Iowa Consent of Mortgage - used when easement is needed with a mortgaged property

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FAQ

Can you trespass on an easement?

What are the rights of an easement holder?

Does an easement have to be recorded to be valid?

Who is the dominant owner of an easement?

Is an unrecorded easement enforceable?

Can you build a fence on an easement?

Does easement affect property value?

Can you mortgage an easement?

What rights does an easement holder have?

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