All Forum Posts by: Gary Wegmann

A judge will NOT grant the neighbors legal access IMO.   The neighbors have been illegally trespassing on RR ROW all these years.   The railroad police are not here round the clock to monitor who is trespassing on their easement.   If the railroad knew the extent to which the neighbors are trespassing, the RR would have stopped this a long time ago.   I don't believe the neighbors have any potential prescriptive easement rights considering the property in question is RR ROW.   Keep in mind the neighbors have been trespassing not only on land I own but on land the railroad has held an easement on for decades.      From the railroads perspective, it's a safety issue.   No railroad's easement policies allow for parking or trespassing of any kind on their easements.   If the neighbors  want to go on their land, they can access it 27.   They can hop in a boat from a nearby landing to commute to their property.    Continuing to trespass on the RR ROW will be coming to an end.    I did not and will not grant the neighbors an easement.   The RR has the only easement on my land.  

Under Iowa law, an easement by prescription is created when a person uses another's land under a claim of right or color of title, openly, notoriously, continuously, and hostilely for ten years or more. ... Collins Trust, 599 N.W.2d at 464 (citing Larman v. State, 552 N.W.2d 158, 162 (Iowa 1996)).

In Iowa,  I'm quite sure it's 10 years and they may have the right to a prescriptive easement.   I've owned the property the neighbors have been crossing without my consent for 7 yrs.   The neighbor's are crossing my land (on which the RR holds and easement).     

I plan to have a discussion with an attorney versed in real estate law within the next 30 days and well before the 10 yr. time frame is up.    After 7 yrs., I'm tired of the neighbor's coming in 24/7 crossing my land and then continuing to trespass on additional RR ROW upstream to get to their property.      My contention is they have legal access from the Mississippi River, which IMO provides them with legal access to the extent their land is NOT land locked.  

I am of the opinion that access from the water is my neighbor's only legal access.  They knew this when they purchased the property for only $1500.     They made the ASSUMPTION that neither the  RR or the adjoining property owner (me) would complain about their use of the RR right of way as access to their cabin.     

It wouldn't be so bad if the family had only two or three vehicles, but I've seen 20 or more different vehicles coming and going over the RR right of way to access their cabin.   They park a short distance from my property on RR ROW and then they take an ATV or walk the rest of the way to their cabin.     

They are NOT LAND LOCKED in my opinion.   The have 365 day a year access from the Mississippi River and they knew this when they purchased.  There is nothing in their deed which grants them access through the RR ROW and the RR has told me as much.  

I am contemplating legal action against both the neighbor for trespassing on my property and continuously crossing my land without my permission and also legal action against the railroad for not enforcing their no tolerance policy on their right of way.     The neighbors have a very large and extended family and there could be 20 or more different vehicles who cross my land and over the railroad right of way to get to their cabin.    They could access their cabin property via a boat from the Mississippi, but continue to trespass on my land which the RR holds an easement on.      

Do I have the legal right to stop him from crossing my land even though the railroad hold an easement over my land?

I own a property with outstanding views of the Mississippi River in NE Iowa.   The river in this location is nearly 2 miles wide.   There is a 50' railroad easement between my dwelling and the river although my property line extends to the normal water line of the river.  In other words the railroad holds an easement over my land.     There is another cabin located approximately 3/4 mile upstream.  The neighbors have owned the property for around 20 years while I've owned mine 7 yrs.     The neighbors have access to their cabin from the Mississippi River but have no road access.   From my perspective, the river is the only legal access they have and they knew that when they purchased the property.   

 The neighbors have been driving past my property over the railroad right of way ever since I've owned the property.    The railroad says they have a no tolerance policy which restricts anyone from trespassing on their right of way.    The neighbor claims he has the legal right to drive through the RR right of way to get to his cabin and also to park on the ROW.   I maintain  the neighbor has NO legal right to trespass on the RR right of way, whether it's to walk, fish, park or commute to his cabin.    When I took title to my property I agreed to accept title with the understanding the RR held an easement through my land, but NO ONE ELSE.    Keeping in mind the neighbor can access his property from the Mississippi River, can I legally stop the neighbor from crossing my land or does the RR have jurisdiction since they hold the existing easement  (even though it's my land).