The Septic Tank Is All In The Family.

In a family dispute arising from a partition action, the plaintiffs sued some of their family members for trespass.  The court determined that the defendants had an easement by implication to the septic tank and that the plaintiffs had acquiesced in such usage.  The trial court also determined that the defendants had a prescriptive easement over the septic tank.  The appellate court affirmed, noting that the hostility and claim of right requirements are not applicable in situations such as this where the party claiming the easement has expended considerable sums of money or has put in a substantial amount of labor in reliance on the other party's consent.  Here, the septic system had been in place for over 50 years without complaint.  Woodroffe v. Woodroffe, 864 N.W.2d 553 (Iowa Ct. App. 2015).   

CALT does not provide legal advice. Any information provided on this website is not intended to be a substitute for legal services from a competent professional. CALT's work is supported by fee-based seminars and generous private gifts. Any opinions, findings, conclusions or recommendations expressed in the material contained on this website do not necessarily reflect the views of Iowa State University.

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