Maintaining nearby property laws in Iowa

mb7299

Well-Known Member
Mar 15, 2013
1,306
579
113
Iowa Falls
I live at a property that is a row of houses with nothing behind it because it was bought with the idea of turning it into houses eventually, that was probably over 15 years ago or so. I have only lived at this property for two years but have noticed other houses have taken to maintaining well out of the property lines which is smart because it gets wild with weeds otherwise. I just heard there may be a law that states if you maintain a section of property for 7 years it can legally be yours as the land owners do nothing at all to maintain it just have mounds of dirt on some parts of the land. Is that true and how do you go about staking claim to that property legally?
 
Pretty sure it's 10 years for acquiescence and I believe it would take something more significant than just mowing, a fence or building or some other significant improvement to the property. Have to have that established and then not get challenged on it. Generally speaking courts look for "good faith" as well, aka if you know the land is not yours courts generally look down on you trying to take it.

IANAL but I think it'd be a hard to acquire this land by the method you're talking about
 
Interesting concept, but what about talking to the neighbor about the weeds, etc. encroaching on your property?
 
Easement is not the same as possession. If a property owner allows a non-owner to travel on his property in a consistent established path over a set number of years, that area is granted permanent easement to the non-owner and the non-owner can record that right of passage. If the non-owner wants to establish ownership of that property by the process called adverse possession, he can file a lawsuit termed quiet title with the proper judge. Which can be a jury trial if not settled out of court.
 
Think it is really difficult to claim ownership of another person's legal property, unless they file notice that they want to abandon it. Think they would be given an opportunity to correct any problems related to public safety or nuisance to other landowners.
 
I live at a property that is a row of houses with nothing behind it because it was bought with the idea of turning it into houses eventually, that was probably over 15 years ago or so. I have only lived at this property for two years but have noticed other houses have taken to maintaining well out of the property lines which is smart because it gets wild with weeds otherwise. I just heard there may be a law that states if you maintain a section of property for 7 years it can legally be yours as the land owners do nothing at all to maintain it just have mounds of dirt on some parts of the land. Is that true and how do you go about staking claim to that property legally?
Nope doesn't work in my experiences. Know where your property line pins are and do something or do nothing outside of the pins. Don't go to the courthouse and don't look online for your answer. Get a survey or know where your pins are located.
 
  • Winner
Reactions: SEIOWA CLONE
Pretty sure it's 10 years for acquiescence and I believe it would take something more significant than just mowing, a fence or building or some other significant improvement to the property. Have to have that established and then not get challenged on it. Generally speaking courts look for "good faith" as well, aka if you know the land is not yours courts generally look down on you trying to take it.

IANAL but I think it'd be a hard to acquire this land by the method you're talking about
Yeah, that would fall under squatters laws. It’s 10 years and it more difficult that many think to basically take the land.
 
Easement is not the same as possession. If a property owner allows a non-owner to travel on his property in a consistent established path over a set number of years, that area is granted permanent easement to the non-owner and the non-owner can record that right of passage. If the non-owner wants to establish ownership of that property by the process called adverse possession, he can file a lawsuit termed quiet title with the proper judge. Which can be a jury trial if not settled out of court.
You would need proof that you have been possessing that also. Just saying you’ve been doing something for 10 years doesn’t count.
 
  • Like
Reactions: Kinch
Hire a lawyer that knows property laws ASAP. Saying "I don't know" doesn't cut it if this goes to a judge.
 
It's 10 years. Plus you have to meet several tests. One is having something that distinguishes the property line, like a fence .The other is both property owners have to have agreed at some point 10years ago. Don't use Google maps as the final say. Mkadl had good advice.
 

Help Support Us

Become a patron