Ancient Utility Easements

[ewr6756]

My question involves an easement in the state of: Iowa

A couple of years ago I was informed by my neighbor's contractactor that my property had an 8 foot utility easement along our property line. After a bit of reseach, I found that the original property was actually a rather large parcel with the easement already defined bordering my neighbor. That parcel was subsequently devided into 3 lots and houses built on them between 1910 and 1918, mine being the last. My house and garage both were built on the easement, the house 2 foot onto the easement and garage roughly 4 foot. Now, nearly 100 years after the fact, does the easement have material affect on my property rights. Certainly when comparing my taxes to my neighbors, it doesn't appear that the county recognizes it.

[Mr. Knowitall]

From what you've told us, it still exists so there's a possibility that it will be used by the dominant estate in a way that affects your use of that portion of your property.

[jk]

Now, nearly 100 years after the fact, does the easement have material affect on my property rights. Certainly when comparing my taxes to my neighbors, it doesn't appear that the county recognizes it.

an easement typically does not alter the value of the property, at least for tax purposes. They probably do not even know it is there. An easement is usually unknown to most parties unless they have some relationship with the property such as a buyer or seller or neighbor that all of a sudden wants to use their easement on your property. Surprise!!!

as to effect on your rights? Quite possibly. The dominant tenant can use it as specified until such time it would be a relinquished by the dominant tenant or you sought to have it ruled abandoned and released.

If the dominant tenant wants to use the easement in your situation, your buildings being on the easement could become a problem.