Legal Question in Real Estate Law in Iowa
Owner rights
Does the owner of the property with an easement have to allow the person with easement rights to cut tree limbs or gravel the lane? Our lane has been used since 1985 by two successive owners of the property that is to the west of us to access their field for farming purposes. Now a new owner wants to camp down there on a 5 day a week basis in good weather as well as plant a large amount of sweetcorn.His frequent trips up and down the lane have caused large ruts and washing away of soil.
His land is zoned agricultural.
1 Answer from Attorneys
Re: Owner rights
Depends on what the actual easement document says. Normally a perpetual easement for right of way allows for reasonable use for its intended purpose. Most will also require some amount of maintaining. Therefore, trimming trees and rocking the road would probably not only allow it but require it. You seem to have a complaint that the use is creating ruts and the rocking should solve that.
Unless there is a specific restriction on its use in the granting document it is not likely that you can stop them from camping on their property or unless there is a land use ordinance that prevents it. That is a matter for the government to enforce.
The foregoing information is provided as an accommodation only, and does not constitute legal advice or a legal opinion based on a comprehensive review of all relevant facts, nor can provision of such information be construed as creating an attorney-client relationship.
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