Easement

Discussion in 'Iowa Whitetail Conference' started by Jdubs, Mar 31, 2019.

  1. Jdubs

    Jdubs Well-Known Member

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    For any legal minds here consider this situation. A landowner has approximately 1100 acres spanning from one road to another, which is one mile, from north to south. Said landowner wants to sell an 80 acre piece that is non-tillable low ground, however, the way the piece is positioned the new buyer will be land locked with the only access through a piece of road frontage owned by someone else. Keep in mind the property is not land locked now as the property runs contiguously until sold. So....can the seller or buyer force an easement through the piece that has frontage???
     
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  3. chipterp

    chipterp PMA Member

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    I believe the law would not force a landowner to give an easement when the adjacent owner is separating a chunk off a farm that doesn’t need an easement. You would have to probably pay the neighboring landowner to grant an easement. If this was allowed I’m pretty sure I would have heard of it happening before and the fallout from it.
     
  4. Sligh1

    Sligh1 Administrator Staff Member

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    Ok- so- the seller is creating a situation where it will landlock the parcel WHEN SOLD. Got it. The accesss will need to be from the seller IMO & that’s a non-legal opinion but I’ll suspect that’s where it goes. Why can’t the seller provide an easement for access?

    That’s the key. U do have to be able to access your land in Iowa. I am gonna say seller provides it. Now.... if no one will grant access- yes- u can force it. I don’t know if that means it goes to the other landowner or the seller. I’d guess the seller, again.

    Why not try and buy the easement from the other landowner ? Could u go that route? What would easement from seller in “less ideal” accessible way look like?
     
  5. Jdubs

    Jdubs Well-Known Member

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    I'm the landowner in front of the proposed land locked piece. At present there is no land lock, you're correct in that they are creating it. Can't see how I can be forced to provide access through my field. I hope not anyways.
     
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  6. goatman

    goatman I hunt days ending in Y

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    Nope you will not. No lawyer but have been involved with two different ingress and egress easements. Seller will have to provide. You do own the frontage right and not a easement? And by the way been told there are three types of ingress and egress. I have the cadillac model. Surveyed and recorded. My advice to anyone is buy the easement and forget all easements. You will be for ever be going back and forth to your lawyer as they are not fair to the easement landowners.
     
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  7. Wi transplant

    Wi transplant Active Member

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    I would think they can not. Since there is 3 other directions to come from ! Sounds like yours might be the easiest most convenient ? But there are other ways in ! You should be fine if you dont want to grant. Access accross yours . my 2 cents

    Sent from my RS501 using Tapatalk
     
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  8. Jdubs

    Jdubs Well-Known Member

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    Yes. I own the frontage.
     
  9. Hardwood11

    Hardwood11 Well-Known Member

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    I think you should be fine. You never know if they try?
     
  10. rutnstrut

    rutnstrut PMA Member

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    Laws can be crazy but I really doubt two people can create a new land locked section and force a 3rd person to give easement
     
  11. IowaBowHunter1983

    IowaBowHunter1983 Super Moderator Staff Member

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    you cannot legally sell a piece of ground creating a landlocked situation these days. This is per my lawyer. I navigated a similar issue couple years ago. If the person selling wants to sell it, he has to create the easement thru the ground he is keeping or there has to be one in place thru a different parcel prior to closing. The 3rd party (you) do not have to give an easement. That being said, if you don't mind and have a good spot for one you could sell them one and put money in your pocket.
     
    Last edited: Apr 1, 2019
  12. Jdubs

    Jdubs Well-Known Member

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    Thank you everyone for your input. What cracks me up is the seller has about 1100 acres most of which is good ag ground or good timber with a lot of frontage. Instead of carving out a piece of that ground he wants to sell the least valuable low ground near a creek, make a couple hundred thousand; while trying to devalue my frontage with a forced easement???? Btw there is access through the seller's property, not as convenient, but it's there. What the f...! I can't imagine this is possible.
     
  13. goatman

    goatman I hunt days ending in Y

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    Oh I'll tell you one that is as good. States Attorney won't press charges on a new landowner who bought with a existing ingress and egress. New owner plowed the survey markers up and tore the road out. Here we sit paying attorney fees. Been two years. Supposed to be a $280.00 fine for removing markers. Surveyor is hot. Easement has already been moved three times trying to get along with the original owner.
     
  14. hans1

    hans1 Active Member

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    Most county’s here wouldn’t allow a new parcel to be created with out access. If there is a past history of crossing your land to acesss that area then maybe. I would be proactive and record a statement stating there is no easement currently and will not be granted in the future. This should also be sent certified mail to the 1100 acre guy ,and possibly the perspective new buyer.
     
  15. Jdubs

    Jdubs Well-Known Member

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    I retained a lawyer. Again gotta spend money due to someone else’s greed and ridiculous request.
     
  16. Kaleb

    Kaleb Active Member

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    No


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  17. 2dblind

    2dblind Active Member

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    We have a easement fight going on right now. We have a piece where the established access has been there since the 1940's between farming and there is an old quarry down in there. The landowner next to use who bought 3.7 acres is trying to play hardball. We have the established access of which it is an angled access that runs in the right-of-way except that last 20' of it is across him. There is no other access to this piece and the hill road like mentioned has been there for 80 years. The guy that bought the 3.7 acres thinks he owns that access and we cannot use it and we have unfortunately had to hire a lawyer and going thru a lawsuit right now. There is a highline that is right at the fenceline as well that touches both of us. He is also disputing the line which the fence has been there for 40+ years. I was involved with another deal just like this with my pervious employer and we won but, it just a matter of fact that he is stirring the pot when it does not need to be. He even went as far as putting up a gate across out lane and putting a big 4x4 painted sign on there. My blood pressure rises every time I drive past it even though it would not stop me if I needed to get down that road. Just principal.

    This guy is nothing but a pain the rear and trying to come in and bully neighbors. I don't care what size of property they have. If you can get along with neighbors that have been there for decades it is not a good recipe.
     
  18. IowaBowHunter1983

    IowaBowHunter1983 Super Moderator Staff Member

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    case law in Iowa is very much on your side. Sucks to have to spend money, but you should win easily.
     
  19. 2dblind

    2dblind Active Member

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    I know it is and I will drive this one all the way to the bottom so there is not an issue in the future. In fact I went got the same firm that won the case I mentioned above with my former employer so I am hoping it is a slam dunk. In hind sight shoulda just bought that 3.7 acres which I could see it costing less then this is going to be.
     
  20. Jdubs

    Jdubs Well-Known Member

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    Update on this one is the people trying to go through my tillable claimed there was an informal agreement years past. Not true of course. In fact they erected a fence several years ago , with no gate, between my piece and the land they want to access. Historical satellite imagery shows a road they used to go around my land to get to the land in question. No brainer??
     
  21. goatman

    goatman I hunt days ending in Y

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    Great outcome. Just sucks in today's environment you have to run to the lawyer's office in a no brainer case.
     

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