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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 6760
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I live on a landlocked piece of property that has an access

Customer Question

I live on a landlocked piece of property that has an access easement in Iowa. We are having difficulty with the property owner concerning maintenance. She is being dictatorial in all manners of mainte
ance, and the easement was in conditional only usable by*****vehicles. What restrictions are the landowners allowed to place on the easement?
JA: OK. The Real Estate Lawyer will need to help you with this. Because laws vary from state to state, could you tell me what state is this in?
Customer: Iowa
JA: Have you consulted a lawyer yet?
Customer: no
JA: Is there anything else important you think the Real Estate Lawyer should know?
Customer: There is a spring that runs across the easement that rendered it unusable for 150' by a non*****vehicle. Their is a culvert that has been in place for years that should have allowed the water to pass, but there is no ditch or access to the side of the easement, so the culvert does not work. The landowner is limiting us from graveling the width of the easement, only allowing tracking (2 wheel tracks) and won't allow us to use watersock (corrugated 4' tubing wrapped in weather resistant permeable cloth) to divert the water. She is limiting gravel to "road size". We followed these restrictions and she is still raising issues. Both people who reside on this property are gay and disabled. We feel she may also be creating issues as a method of bigotry,and is trying to say the cows can't cross the gravel road. The gravel size is 1.5" and there is manure all the way up and down the lane on top of it.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 4 months ago.

We hear problems like this all the time with access easements. The property owner , whose duty it is to maintain the easement for the use of the other landowners, is unreasonable in one respect or another. The simple answer is that there are two options: 1) do thealmost necessary maintenance or whatever it is yourself and let the property owner try to do something about it; 2) hire an attorney to sue the owner and force a formal settlement agreement that will have the force of law behind it. From a legal standpoint all you can do is examine the documents that create easement to be sure that they are being respected.

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