Background
Wesley and Mandy Jones own farmland next to Mary Boas’s property and also own a parcel south of Boas’s land. In 1992, after Davis County abandoned part of a road, the predecessors in interest entered a recorded agreement granting the southern parcel a thirty-foot roadway easement along the boundary between what are now the Jones and Boas properties.
Fences were built on both sides of the roadway, and the road was used for access to the southern parcel for more than thirty years. In 2023, Boas blocked the roadway with farm vehicles. The Joneses sued, and Boas counterclaimed, disputing whether the road between the existing fences matched the land described in the 1992 agreement.
The Court’s Holding
The Iowa Court of Appeals affirmed. Although the record lacked a survey establishing whether the roadway’s present location precisely matched the recorded express easement, the court held that the Joneses established a prescriptive easement over the roadway between the fences.
The court found clear, convincing, and satisfactory evidence of hostile use and claim of right independent of mere roadway use. That evidence included fencing the roadway, clearing the area, removing a building to accommodate access, maintaining the fence line, and asserting access rights when Boas blocked the road. The road’s open, visible, and continuous use since 1992 also supplied notice to Boas and her predecessors. Because the prescriptive easement defeated Boas’s position, the court also affirmed dismissal of her quiet-title and declaratory-judgment claims seeking to require the Joneses to move their fence.
Key Takeaways
- An express easement may be expanded or supplemented by a prescriptive easement.
- In Iowa, a prescriptive-easement claimant must show conduct supporting hostility and claim of right beyond mere permissive use.
- Longstanding fencing, maintenance, and visible roadway use can establish notice and support a prescriptive easement.
Why It Matters
The decision shows that uncertainty about an easement’s surveyed location does not necessarily end an access dispute. Where the parties’ conduct has openly marked, maintained, and used a roadway under a claim of right for the statutory period, a prescriptive easement can protect continued access.
It also underscores the importance of surveys and clear physical documentation when recorded easements are created or later disputed.