A Des Moines landowner fought to clear an easement on the landowner’s parcel of land. An easement for a billboard was granted by a prior owner of the parcel. The landowner claims that the easement was void because it was granted after the prior owner had already sold the parcel to the landowner. The holder of the easement moved for summary judgment. The easement holder argued that the landowner’s action was time-barred. The district Court granted the motion. The Court held that the landowner’s action was barred under Iowa Code section 614.17A (2022). The landowner appealed.
On appeal, the landowner contended that Iowa Code section 614.17A does not apply to an action to clear an easement. The Iowa Supreme Court agreed. By its terms, section 614.17A can only apply to claims against a “holder of the record title to the real estate in possession.” Id. § 614.17A(1)(b). Because easements are nonpossessory interests, an easement holder does not possess the encumbered real estate, and so section 614.17A cannot apply to an action to clear an easement. The Court reversed and remand for further proceedings.