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Sorting Out the PiecesWFAN ConferenceEdward CoxStaff Attorney, Drake Agricultural Law Centeredward.cox@drake.edu 515-271-2205

NeighborLaw

Drainage, Fences, and Boundaries

+Drainage

What law applies?•Contracts and Easements•Drainage Districts and State Law

Rights as a Landowner•A Right to Drain

Duties as a Landowner•A Duty to Accept•A Duty to Use Reasonable Care

Settling Disputes•By Judge or Jury•Mediation

+FencesWhat Law Applies?•Contracts and Easements•State Law

Duty of Neighbors for Construction and Maintenance

Process for Contribution

Settling Disputes•Fence Viewers•The Right Hand Rule and Equal but not Fair

Liability•Neighbors•Renters

+Boundary Disputes

Fences and Boundaries•Prescriptive Easement

• 10 Years• Knowledge of the Boundary• Used consistently for the type of property• Used continuously and openly

•Acquiescence• 10 Years• The Boundary is Mistaken• Used under the mistaken assumption

Other Prescriptive Easements