Legal Question in Real Estate Law in Iowa

This is a question about adverse possession in Iowa. We have live in our house for a year. The neighbor is parking over in our property to widen his drive way and avoid having to move vehicles around so he has a straight shot in and out of out garage, There is also his boat and lawn mowing trailer in between our garages. He says he's been doing it for 25 year and isn't going to quit. The previous owner that was there 7 yrs let him park that way. We found out what he was doing cause he told a former friend that told us he bragged about taking so many feet of this old ladies property.He was saying there is an easement allowing him to do so but there is nothing on our abstract. He has been sent several legal notices and it looks like this is headed to court. What are our odds of winning and is there anything else he could do to claim our property? Do we need to find more previous owners?


Asked on 9/03/10, 8:07 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

It is a very fact specific question and at this point it is about trespass.

Having said that, the defendant will have to show that he is entitled to the easement because his use was open, notorious, hostile and under a claim of right or color of title for at least ten years. You should be gathering as much evidence as you can to defeat his claim, if he has one.

A copy of C.H. Moore Trust Estate v. City of Storm Lake, 423 N.W.2d 13 (Iowa 1988) will be very helpful to you and nearly any law library will get you a copy of this decision.

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Answered on 9/08/10, 8:34 am


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