Agent

Contentious access road leads to court

Law of the Land

The Binnses and the Stewarts owned neighboring lots on a cul-de-sac in Cedar County, Iowa. The Stewarts' lot contained and ran 10 feet beyond a paved, blacktop driveway that provides access to the subdivision's well. The Binnses' lot adjoins the Stewarts' just past the 10-foot overrun after the driveway. The Stewarts bought their lot from Wilton Motors via a warranty deed that contained two easements, including one that reserved to neighbors Wilton Motors and its successors -- including the Binnses -- "access to the said portion of the driveway from the cul-de-sac to and including the No. 1 well easement." Under the deed, easements and access "shall be permanent and shall run with the land." Wilton Motors had sold the lot neighboring the Stewarts' to the Stranks, who built a home and a driveway on the lot, running the driveway across the 10-foot strip between the paved well access driveway and their property to access the road via the Stewarts' lot ...