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Setting the Law Straight on Terminating Easements Abandonment. Although an easement can arise in a variety of ways, any easement can be extinguished by the easement's abandonment by the owner of the dominant estate. ... Merger. ... End of Necessity. ... Demolition. ... Recording Act. ... Abuse. ... Condemnation. ... Adverse Possession.
An easement appurtenant is when an easement runs with one parcel of land but benefits another. The parcel that benefits is called the dominant tenement, or the dominant estate, and the other parcel on which the easement exists is called the servient tenement, or sometimes the servient estate.
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
Iowa Code 318.3 prohibits physical changes to right-of-way without a permit. Unauthorized spraying is an example of a physical change. For more information, contact our office at 319-892-6400.
Easements give the city and utilities the right to construct and maintain facilities, or infrastructure, in the area of land designated as an easement. They are not required to notify the property owner before they begin work in this area.