Legal Question in Real Estate Law in Iowa

I purchased a home one year ago. 6 months ago we put in a fence at which time we noticed, while obtaining our permit, that the neighbor to the east of us built a garage and driveway about 5 feet over our property line. In addition, when we called the city to see about this, we were told that there were no permits on file for these the driveway or garage and that the owner was the city engineer at the time as well. They just closed on that home last week and we now have new neighbors living next door. We undertand there could be a statute of limitations in which something needed to be done to resolve this before that land becomes their property. The structure and driveway was done in 2001-2002. I live in Iowa. Am I too late?


Asked on 6/27/10, 3:00 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

The land doesn't automatically become their property. They would have to bring suit against you to establish adverse possession. The basis of the claim is open, notorious, and hostile possession under a colorable claim of right for at least ten years.

I have found myself in a similar situation years ago and I would say that the first thing you ought to do is hire a reputable licensed surveyor to establish the legal basis for your claim by doing a stake survey. Then, have your attorney serve notice on your neighbor that their garage and driveway is encroaching on your land if that proves to be the case.

At that point, the ball's in their court and they would not be able to establish adverse possession. They then may have to abate the encroachment and their remedy is to sue the person who erected the encroaching use without permit, and the phony surveyor who signed off on the closing documents as well as the attorney who did the title opinion. Either way it becomes their problem and not yours.

The question that I have for you is why this mess was not discovered during the process of you buying your home or the neighbor buying their new home. That is very worrisome.

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Answered on 6/28/10, 7:45 am


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