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Sorting Out the PiecesWFAN ConferenceEdward CoxStaff Attorney, Drake Agricultural Law [email protected] 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
