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Roadway Easement
On my abstract in Iowa it shows a 33' wide roadway easement down the rear of my property and adjoining neighbors properties. It shows the first 320 as improved and the remaining 1165' as unimproved. The county now says the entire 1485 is a Level B maintenance road. Yet, the first 320 feet is maintained presently as a level A, the next 1000 feet has no resemblance of a road and the properties are not taxed, and the remaining 165' aslo has no resemblance of a road and the owner is taxed. The county now says that they can upgrade the road to a level A which actually is building a new road since one hasn't existed on the 1165'. My arguement is the county has vacated the road since no resemblance of a road exists and therefore it is not theirs anymore to build on. Based on the total inconsistency by the county do they still have the right to build a road?
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Re: Roadway Easement
From what you say, the roadway easement provides for their construction of a Level B road. As for a Level A road? This requires access to Iowa legal materials which I can't access (for free) online, and an amount of research I would be reluctant to undertake for free. Although it is possible that somebody will come along with experience in this area of Iowa law, I suggest consulting a local real estate lawyer.
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Re: Roadway Easement
If they have an easement for a road they can construct whatever level of road they wish.
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Re: Roadway Easement
That's true. I was thinking that the easement was specifically for a Level B road, but I was apparently misreading you.
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Re: Roadway Easement
They out of the blue up and said the easement is now a level B road by waving their magic wand. They have a policy that allows them to upgrade from level B to level A so poof now they can do that. Yet my neighbors section who has been paying taxes on they are staying out of. I wonder why? Because he has a case to argue that it is vacated since he's being taxed. Why would I not be paying taxes just because there is an easement. I would think that once there was something there then I would be exempt. There has never been anything there except an easement so why no taxes?
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Re: Roadway Easement
The easement on my abstract says an unimproved roadway. So don't they have an easement for just that? How can they all of a sudden say it is a level B road. They have an easement of an unimproved roadway not an improved roadway. Am I splitting hairs here or do I have a case.