An ejectment proceeding is an action to recover the possession of land, subject to all the regular rules of civil procedure. Statutes may regulate ejectment actions to prescribe the general form of the declaration or complaint. Otherwise, it is generally sufficient for the plaintiff to allege his or her possession of the premises in controversy, the subsequent entry of the defendant, and the defendant's withholding of the premises from the plaintiff. This form is a generic complaint and adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Iowa Complaint, Petition, or Declaration for Recovery of Possession of Property due to Fence Built by Adjoining Landowner on Plaintiff's Property
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How to fill out Complaint, Petition, Or Declaration For Recovery Of Possession Of Property Due To Fence Built By Adjoining Landowner On Plaintiff's Property?
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FAQ
Requesting a Fence Some choose to follow the right-hand rule, meaning that each party is responsible to build and maintain that portion of the fence to their right of the midpoint. Landowners, however, can agree to any arrangement they choose for and maintenance of the partition fence.
Yes, you can build next to your neighbour's fence. As long as you're inside your property line you're fine. One consideration: your posts might have to be staggered relative to the fence posts of the existing fence. Staggered posting avoids interference with existing piers.
A person building the partition fence may lay it upon the line between the person and the adjacent owners and has the right to remove it as if it were wholly on his own land. This means that an adjacent landowner won't be trespassing if entitled to remove the fence.
Iowa's Boundary Fence Laws. ing to FindLaw.com, in Iowa, if there are two adjoining landowners and one makes a written request for a boundary fence, it has to go up. Iowa State University says, like with Illinois, the cost of maintaining the fence is split between the property owners.
Adjoining landowners must build a partition fence and jointly maintain it if one owner makes a written request for a boundary fence. Boundary fences made from hedge must be trimmed back twice per year, once in June and once in September, to within 5 feet of the ground (unless neighbors agree otherwise).
16) ? Iowa operates both: o Fence-in Theory ? If livestock trespass due to owner negligence of fence, the livestock owner may be liable: ? To landowner for damages and maintenance costs caused by the trespassing livestock.
A spite fence is a fence (whether a division fence or otherwise) built maliciously, with the sole purpose or intent of annoying, injuring, or spiting an adjoining owner (commonly a neighbor). For example, a spite fence might block the neighbor's view or obstruct the passage and enjoyment of light or air.
18 Lawful fence. A lawful fence shall consist of: 1. Three rails of good substantial material fastened in or to good substantial posts not more than ten feet apart.