Iowa Code
Iowa Code § 564.1 (2026)
Adverse possession — “use” as evidence
✓ current as of July 2026
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In all actions hereafter brought, in which title to any easement in real estate shall be claimed by virtue of adverse possession thereof for the period of ten years, the use of the same shall not be admitted as evidence that the party claimed the easement as the party’s right, but the fact of adverse possession shall be established by evidence distinct from and independent of its use, and that the party against whom the claim is made had express notice thereof; and these provisions shall apply to public as well as private claims. [C73, §2031; C97, §3004; C24, 27, 31, 35, 39, §10175; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §564.1]
\nNotes of Decisions
Cited in 29
cases (1 in the last 5 years), 1946–2022 · leading case: Johnson v. Kaster, 637 N.W.2d 174 (Iowa 2001).
Johnson v. Kaster, 637 N.W.2d 174 (Iowa 2001). “The issue is whether Kasters have an easement by prescription. 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.”
Larman v. State, 552 N.W.2d 158 (Iowa 1996). “Iowa Code § 564.1 (1993) (emphasis added).”
Collins Trust v. Allamakee Cnty. Bd. of Supervisors, 599 N.W.2d 460 (Iowa 1999). “2d 730, 732 (1967); see also Iowa Code § 564.1 (1997). It is based on the principle of estoppel and is similar to the concept of adverse possession.”
Nichols v. City of Evansdale, 687 N.W.2d 562 (Iowa 2004). “(citing Iowa Code § 564.1 (1999); Collins Trust, 599 N.”
Hicks v. Franklin Cnty. Auditor, 514 N.W.2d 431 (Iowa 1994). “See Iowa Code § 564.1 . “A party claiming an easement by prescription must prove, independent of use, that an easement was claimed as a matter of right, and that the other party had express notice thereof.”
Webb v. Arterburn, 67 N.W.2d 504 (Iowa 1954). “As a conclusion of law the court stated that plaintiffs had brought themselves within the provisions of section 564.1 of the 1950 Iowa Code. While denying plaintiffs’ claim for damages, the court otherwise decreed as prayed by plaintiffs.”
Anderson v. Yearous, 249 N.W.2d 855 (Iowa 1977). “2d at 479 ; § 564.1, The Code, 1973. This court has also held there may be a prescriptive easement where the original use was with a servient owner’s consent and usage as of right has continued for more than ten years.”
Simonsen v. Todd, 154 N.W.2d 730 (Iowa 1967). “* * * The facts relied upon to establish adverse possession must be strictly proved.”
Merritt v. Peet, 24 N.W.2d 757 (Iowa 1946). “The mere use never ripens into an easement. It must be shown that the person asserting an easement claimed a hostile right to use the way and with the landowner’s knowledge.”
McClurg Fam. Farm, LLC v. United States, 115 Fed. Cl. 1 (Fed. Cl. 2014). “See Iowa Code § 564.1 (requiring a claimant to provide express notice to the owner of the servient estate).”
City of Sioux City v. Tott, 60 N.W.2d 510 (Iowa 1953). “The claim of title by adverse possession is a statutory action, governed by chapter 564, Code, 1950, where it is expressly provided (section 564.1) that “the fact of adverse possession shall be established by evidence distinct from and independent of its use, and that the party…”
Archer v. J. S. Compton, Inc., 30 N.W.2d 92 (Iowa 1947). “Certainly there is no affirmative evidence of it except by lapse of time and we hold that is not sufficient under this record.”
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