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How do You Get an Implied Easement

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  • 04-23-2009, 08:22 AM
    rdfoster
    How do You Get an Implied Easement
    I live in Iowa. About four years ago we bought part of a homestead from the seller. The water line is a private line hooked up to city water. Our water is served by the line that the seller put in in the 80's. It runs through some of the property that he still owns. Occasionally he threatens to cut off the water or to cut the water line. Can he legally do that or do we have an implied easement.
    It is not mentioned in the contract or the abstract.

    Thanks for your help:

    Bob
  • 04-23-2009, 09:01 AM
    mudpie
    Re: Implied Easement
    There may be an easement by necessity or a prescriptive easement because of the length of time, but you may have to go to court to have it ordered unless neighbor will convey the easement by signature.
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