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miniwhitetails

miniwhitetails

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Does anyone have a contact for a lawyer that knows real estate and handles easements etc. If so please message me. thanks!

I have a very unique situation I am dealing with in Iowa. Basically the state is blocking my access and I have no way to access my property. State highway runs through the parcel.
 
That's a pretty easy one. Not hard to force an easment by necessity or prove prescriptive easment if its been in use. In Iowa land cannot be landlocked. Ive had the unfortunate privilege to be in an easment lawsuit. Pretty easy stuff but can get expensive in a hurry if it goes to litigation. As far as attorneys feel free to pm me.
 
I had a situation in Iowa once where a large landowner wanted to break off an 80 and sell it. The problem was once he broke the piece off the only access was through his piece which he would not permit.

I received a letter from a lawyer representing the buyer asking for an easement through my piece. I said no. They then tried to force the easement saying they were land locked.

I had to hire a lawyer. They lost based on the fact they created the land lock. I’m surprised the state would do this as they should know the law.
 
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Yes the state was scratching their head because they closed off the access and could not find any documentation that they were warranted to do so (they never purchased any access rights). In talking with them it was pretty clear they were scrambling...
 
I know this is better left for attorneys to answer but it's fun (not sure that's the word) to speculate and get everyone's opinion. Here is my question:
I have a signed purchase agreement for this property. If I close on the property can the state say I knew about the access issue ahead of time and therefore not grant it?

What they are trying to do now is buy the access from the current owner (despite a purchase agreement already being signed with myself and current owner). Which they (the state) should have done beforehand. not after. It just seems like they know they messed up and are now trying to make things go away.
 
Does your purchase agreement have any language (contingencies) that gives you an out here? Frankly, a well written purchase agreement should have that protective language, IMO.

I have dealt with a sticky easement issue within the last 18 months and I can tell you that the numbskull at the county can make or break you. Short, short version...I had to threaten to sue to the county via the County Attorney in order to get the Napolean complexed dink in the permitting office to finally relax his very incorrect position. We got it resolved in my favor, but not before months of delay and loads of unnecessary frustration.

Can you look at the deed and read the exact language that established the easement? Good luck.
 
Daver said:
Does your purchase agreement have any language (contingencies) that gives you an out here? Frankly, a well written purchase agreement should have that protective language, IMO.

I have dealt with a sticky easement issue within the last 18 months and I can tell you that the numbskull at the county can make or break you. Short, short version...I had to threaten to sue to the county via the County Attorney in order to get the Napolean complexed dink in the permitting office to finally relax his very incorrect position. We got it resolved in my favor, but not before months of delay and loads of unnecessary frustration.

Can you look at the deed and read the exact language that established the easement? Good luck.
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Yes this is exactly how my situation is unfolding. And it's ultimately where i see it headed as well (threaten to sue)

I have an out but I don't really want to take it (I'd like to end up with this property), that being said I'm not sure i want to risk buying something that is basically worthless without access. Or buying it and then spending 1000's of dollars to get access (would make me upside down on it). My thoughts are to just move forward and then deal with state after the matter, but its risky..
 
I guess I’m confused here. If a state Hwy runs “through” it, what is the access issue? They won’t let you put a gate coming off the Hwy? You’ll be paying taxes to the centerline on both sides, what do they think they need at the access point, a turning lane?
I guess I just can’t picture an access issue if you are going to own both sides of the road.
 
seven twenty said:
I guess I’m confused here. If a state Hwy runs “through” it, what is the access issue? They won’t let you put a gate coming off the Hwy? You’ll be paying taxes to the centerline on both sides, what do they think they need at the access point, a turning lane?
I guess I just can’t picture an access issue if you are going to own both sides of the road.
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Correct. highway runs through with guardrail continuous on both sides. therefore no access/driveway to the land.
 
Keep us posted on how this turns out. I don't know that I ever see anyone getting access from the highway, and the state land goes a good way off the actual concrete. Like others have said I believe Iowa requires access to your land somehow so it will be interesting as to how this turns out. You have no way to enter your land other than the highway?
 
tall@wide said:
Keep us posted on how this turns out. I don't know that I ever see anyone getting access from the highway, and the state land goes a good way off the actual concrete. Like others have said I believe Iowa requires access to your land somehow so it will be interesting as to how this turns out. You have no way to enter your land other than the highway?
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Correct, only other way would be an easement through a neighbor. There are no current easements in place with any neighbors.
 
If there isnt line of sight for a driveway entrance they won't change their mind. Imo zero chance. That's a life safety issue. Someone gets T boned the county can't buy enough insurance to cover the lawsuit that would result. And somone would be going o jail. Im certain county attorney would say the same.

Doesn't mean they didnt mess up when they put hwy in and will have to compensate landowner, potentially handsomely more than its worth.

As far as access, would have to come from a different neighbor, who could also fight it ( I would) because the hwy caused the issue to begin with.

Id just Be shocked if they allow access off the hwy. Way way way too much liability. A death resulting from an instance of county not following their own and commonly accepted road safety regulations would be a personal injury attorneys wet dream.
 
That’s a good point. It did however have access off of the highway previously. For 60 or so years (possibly more). Also you can drive 10 miles down the road and count 5+ instances where the site vision distance is worse. Not sure if those driveways are all unpermitted or what…

Heck even some of the adjacent gravel roads off of it have worse site distances.

It will definitely be interesting to see where this thing goes. The one thing I’ve come to realize when dealing with the state or really any government agency, it takes FOREVER to get any answers. My god are these people slow, don’t know it just sits on ppls desk or if they are just lazy or what but my lord…
 
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