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| For Iowa this is correct. For a prescriptive easement the use must be notorious and adverse for 10 years. Think, guy just helped himself without ever asking permission and other party simply allowed it to happen. A prescriptive easement is permanently tied to the land for future generations even after sale or tenant change. Permissive use can be revoked and permissive use cannot escalate to prescriptive easement so give permission in writing if doing so.
I farm land that has a prescriptive easement and was upheld by a judge in generations prior. Messy to enforce but losing party probably will pay the legal fees. A new tenant had attempted to disallow access to a shared path after he started renting the land. My family member was prior tenant, so owning one side and renting the other, he had never once asked for permission and openly used the path. Judge ordered a prescriptive easement and it is now recorded and literally on the abstract. | |
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What would you do?
