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Ryan Lutze
v.
Tony L. Seitz and Rebecca A. Seitz
Appellee
Ryan Lutze
Appellant
Tony L. Seitz and Rebecca A. Seitz
Attorney for the Appellee
Jeremy L. Thompson (argued)
Attorney for the Appellant
Abram V. Carls (argued) and Joseph J. Porter
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Allamakee County, The Honorable Alan T. Heavens, Judge. REVERSED AND REMANDED. Heard at oral argument by Greer, P.J., and Schumacher and Chicchelly, JJ. Opinion by Schumacher, J. (17 pages)
Tony and Rebecca Seitz appeal an order recognizing an easement on their property for ingress and egress to Ryan Lutze’s neighboring property. OPINION HOLDS: Because an easement was neither continuously and obviously used nor reasonably necessary at the time the parties’ properties were separated, the district court erred in granting Lutze’s claim for an easement by implication and Lutze’s claim for an easement by necessity also fails. Accordingly, we reverse and remand to the district court for further proceedings.
