Results 1 to 3 of 3

Hybrid View

  1. #1
    Join Date
    May 2011
    Posts
    3

    Default Ancient Utility Easements

    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.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Ancient Utility Easements

    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.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Ancient Utility Easements

    Quote Quoting ewr6756
    View Post
    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.

    1. Sponsored Links
       

Similar Threads

  1. Debt Collectors: Collection of Debts With Incomplete Records
    By NeedinHelp in forum Debts and Collections
    Replies: 8
    Last Post: 11-26-2013, 09:04 AM
  2. No Utility Easements in Title Report, but Power Pole and Storm Drain in Place
    By JDCinc in forum Real Estate Ownership and Title
    Replies: 4
    Last Post: 07-21-2009, 09:18 AM
  3. Understanding Utility Easements / Right of Way
    By matrixee in forum Real Estate Ownership and Title
    Replies: 3
    Last Post: 05-22-2009, 07:39 PM
  4. Maintenance of Utility Easements and Homeowner Rights in South Carolina
    By dvancat in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 11-16-2007, 01:00 PM
  5. Help with Utility Easements on Potential Purchase
    By poleary2000 in forum Buying, Selling and Conveying Real Estate
    Replies: 1
    Last Post: 05-26-2007, 05:41 AM
 
 
Sponsored Links

Legal Help, Information and Resources