Iowa Easement or Right of Way for Access to Property
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How to fill out Easement Or Right Of Way For Access To Property?
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FAQ
RIGHT OF ACCESS: Iowa law grants owners of landlocked parcels a right of way through adjacent private land if they initiate a condemnation proceeding seeking access through the ?nearest feasible route.?
Easements grant limited rights to use another person's property for a specific purpose, such as allowing a neighbor access to a private road or permitting a utility company to a fiber optic line.
Iowa Code 318.3 prohibits the cultivation or growing of crops within the highway right-of-way. All roadways are included. Right-of-Way is defined as the total area of land, whether reserved by public ownership or easement; that is reserved for the operation and maintenance of an established public roadway.
Easements give the city and utilities the right to construct and maintain facilities, or infrastructure, in the area of land designated as an easement. They are not required to notify the property owner before they begin work in this area.
In Iowa, there is a doctrine known as ?adverse possession? which occurs when a person occupies land to which another person has title with the intention of possessing it as one's own.
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.