+ sorting out the pieces wfan conference edward cox staff attorney, drake agricultural law center...

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

Documents