Larman v. State

In Larman v. State, 552 N.W.2d 158, 161 (Iowa 1996) the supreme court of Iowa determined that the open and notorious requirements of a prescriptive easement exist to help place the true owner of land on notice of the adverse use of the land by another "ensure the landowner knows another's use of the property is claimed as a right hostile to the landowner's interest in the land. Otherwise, the landowner may incorrectly assume the other's use results merely from the landowner's willingness to accommodate the other's desire or need to use the land." (Larman, 552 N.W.2d at 162. Collins Trust, 599 N.W.2d at 465.) Under Iowa law the owner is required to have "express notice" of any claim of adverse possession. Iowa Code 564.1. The notice must either be actual or "from known facts of such nature as to impose a duty to make inquiry which would reveal the existence of an easement." Anderson v. Yearous, 249 N.W.2d 855, 861 (Iowa 1977)