Easement to Access Landlocked Property

[jsakjd]

My question involves real estate located in the State of: Iowa

I have an easement that allows access to landlocked property behind my property. 21 years ago when the house was built, it was built so close to the easement that should that easement become more than just a simple dirt lane (the landlocked property may be subdivided in the future), it appears it would be in violation of the zoning for my property. The easement is in the deed and it "goes with the land" I think is how it reads. To complicate matters, the previous owner of my property encroached on the edge of the easement when they extended the concrete driveway anbout 12 years ago. That was recorded in the deed (not sure if this has any relavance to the question at hand). When that property is developed and the owners want to make improvements to the easement road, what rights do I have since it will be in violation of the zoning for my property?

[jk]

whatever is granted in the documents creating the easement are all the dominant tenant has a right to. They may or may not have any rights to improve the easement beyond basic maintenance.

In fact, using the easement for more than the one house may not even be allowed. If the original grantor did not intend it to be used for multiple homes, its use is limited to a single home. Anything else would be over-burdening the easement.

The concrete driveway encroaching issue: unless the dominant tenant was given exclusive use of the easement or the concrete somehow impedes the dominant tenant from using the easement as intended, it is a non-issue.

If zoning ordinances do not allow the use of the easement for multiple homes or whatever other reason you say it would be in violation of zoning ordinances, it simply cannot be used for that purpose without a variance from the zoning commission.

[Newtons_Apple]

What were the zoning laws 21 years ago in your town? A structure is subject to the zoning laws in force when it is built, not in the present time unless you're adding on or otherwise changing something.

Your house should be grandfathered to those standards.

As far as the easement goes, I would think any improvement of the road in the easement would be allowed as long as it stayed within the easement (obviously.)

The concrete drive may have to be removed or altered depending on the situation. Since I can't see what you mean, I can't really comment on it much further than that.

Hope this helps.

[jsakjd]

Thank you for the posts.

As I understand it, the zoning for my property requires 50' from road to house. The house was built 21 years ago (and its location approved by the county) too close to the easement road to meet that requirement. Now, as I menitoned the easement is just a dirt road now that accesses property currently used for farming. The easement agreement does allow right of way on this road for houses (plural), should they be built on this landlocked property. These are private roads, not city, county or state. Don't know if that makes a difference as far as zoning requirements are concerned.
Thank you

[jk]

Of the easement specifically states multiple houses are allowed, then, regarding only the rights afforded by the easement grant, they could use it to access more housing.

as to the zoning:
for whatever reason, the house that is there now was apparently approved by the building department. If there is a doubt to the location, they could likely obtain a variance to allow it to remain.

any new housing would be required to meet the current zoning standards and building codes.

[jsakjd]

Could the reverse be used by me - i.e. you (county) approved this house location, to put a road in would violate the zoning, therefore the road cannot be put in?

[jk]

Unless stated in the easement documents, the dominant tenant does not have the right to improve the road beyond typical maintenance. That can include improving the base so it can withstand permissible traffic but it does not allow it to be paved. That would require either permission from the servient tenant.

So, unless permitted by the creating instrument, the easement is a dirt trail (or an improved dirt trail) and limited to the size described.

I'm just not seeing how, if there is zoning compliance now that it would change in the future. The easement is the land as described in the documents, not necessarily what is currently being used.