Wesley Jones and Mandy Jones v. Mary Boas
CourtCourt of Appeals of Iowa
Date FiledOctober 7, 2026
Docket25-1477
StatusPublished
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Full Opinion
IN THE COURT OF APPEALS OF IOWA
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No. 25-1477
Filed October 7, 2026
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Wesley Jones and Mandy Jones,
Plaintiffs–Appellees,
v.
Mary Boas,
Defendant–Appellant.
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Appeal from the Iowa District Court for Davis County,
The Honorable Dustin Hite, Judge.
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AFFIRMED
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Billy J. Mallory (argued) and Trevor A. Jordison of Mallory Law,
Urbandale, attorneys for appellant.
James C. Larew (argued) of Larew Law Office, Iowa City,
attorney for appellees.
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Heard at oral argument
by Schumacher, P.J., and Ahlers and Badding, JJ.
Opinion by Ahlers, J.
1
AHLERS, Judge.
Wesley and Mandy Jones own farmland adjacent to Mary Boas’s
farmland. The parties dispute the location of an easement that provides
access to an adjoining farm. The district court determined that a prescriptive
easement existed over Boas’s land, and she appeals. She challenges the
district court’s determination that a prescriptive easement was established
and the court’s denial of her claims for quiet title and declaratory judgment.
We affirm.
I. Background Facts and Proceedings
This dispute involves three parcels of land: (1) the parcel currently
owned by Boas (the Boas Property); (2) the parcel currently owned by the
Joneses (the Jones Property); and (3) a third parcel directly to the south of
the Boas Property previously owned by Richard and Charlotte Goeken (the
Goeken Property). Before 1992, a county-owned road generally ran north-
south along the boundary between the Jones Property and the Boas Property.1
Once reaching the southern boundary of those two properties, the road
turned to the west around the point of entry to the Goeken Property. In 1992,
Davis County decided to abandon part of the road between the Jones
Property and the Boas Property. Concerned about access to their property,
one of the owners of the Goeken Property objected to the abandonment. To
resolve the access issue, the owner of the Jones Property, the owner of the
Boas Property, and the owner of the Goeken Property entered and recorded
an easement agreement.
1
In 1992, Wesley Jones’s grandparents owned the Jones Property and Boas’s
mother owned the Boas Property. Throughout this opinion, references to the owners of
the respective properties refer to the current owners or their predecessors in interest.
2
The agreement granted the owner of the Goeken Property a thirty-foot
wide perpetual easement for roadway purposes along the boundary line
between the Jones Property and the Boas Property. Fifteen feet of the
easement passed through the Jones Property and fifteen feet passed through
the Boas Property. The easement agreement required the owner of the Jones
Property to install and maintain a fence along the eastern boundary of the
easement and the owner of the Boas Property to install and maintain a fence
along the western boundary of the easement. In the easement agreement, the
owner of the Jones Property and the owner of the Boas Property agreed not
to erect any buildings, obstructions, or improvements on the land covered by
the easement. By the express terms of the agreement, the easement ran with
the land and was binding on the successors to the owners of the Jones
Property and the Boas Property.
After the easement agreement was executed, the abandoned road was
bulldozed, the owners of the Jones Property erected a fence fifteen feet from
the center of the abandoned county road, and the owners of the Boas
Property did the same fifteen feet west of the center of the abandoned county
road.2 The owner of the Boas Property also moved buildings to clear the area
covered by the easement.
2
Boas testified that no area between these fences equals thirty feet. But she later
testified her mother moved the fence back about twenty-five to thirty feet from the Jones’s
fence line when the easement was created. Jones contends this area is roughly thirty feet
wide and so does a long-time renter who used the easement for a little over ten years.
Because the district court’s findings indicate this distance is about thirty feet and Jones
was more credible, we do not disturb those findings. See Johnson v. Kaster, 637 N.W.2d
174, 177–78 (Iowa 2001) (explaining that on de novo review, we give deference to the
district court’s factual and credibility determinations).
3
Eventually, all three properties were sold to new owners. Boas and her
husband purchased the Boas Property in 1999. The Joneses purchased the
Jones Property in 2014 and the Goeken Property in 2022.
The dispute that spawned this case arose in 2023 when Boas blocked
the entrance to the road between the fences with farm vehicles. The Joneses
filed suit, asserting claims for breach of contract, slander of title, quiet title,
declaratory judgment, and injunctive relief. Boas denied each claim and
counterclaimed for trespass, breach of contract, slander of title, quiet title,
and declaratory judgment. During the course of the suit, the district court
granted a temporary injunction prohibiting Boas from blocking the roadway.
The photo below depicts the disputed area.
4
The red strip labeled “Boas Strip” and the area between the two solid black
lines is where the road currently lies.3 The Joneses contend the area between
the fences where the current road lies is the property described in the
easement agreement and, even if it isn’t, there is now a prescriptive easement
through that area because it has been used as a road for thirty-one years. Boas
contends the space between the black line and white dotted line is the area
described in the easement agreement. She contends the Joneses need to
move the fence fifteen feet farther east on their property to reflect the eastern
edge of the property covered by the easement agreement.
After trial, the district court issued a ruling finding that Wesley Jones’s
testimony was credible and that it was bolstered by a disinterested witness
who the court found to be “entirely credible and truthful.” The district court
further declared that the Joneses, as owners of the Goeken Property, have an
express easement and a prescriptive easement for ingress and egress over the
Boas Property where the roadway currently exists. The remaining claims
brought by the Joneses and Boas were dismissed.
In a subsequent order addressing Boas’s post-trial motion, the district
court amended its ruling to clarify the location of the boundary between the
Jones Property and the Boas Property and that it found the Joneses proved
the elements of a prescriptive easement by clear, convincing, and satisfactory
evidence.
3
This photo was entered as an attachment to exhibit 107 and is referenced as
“Exhibit A” within the contents of that exhibit. The exhibit was admitted without
objection. Both parties referenced the photo during the presentation of testimony at trial.
The labels on the photo were added by Boas’s attorney, but there is no report by a licensed
surveyor or other witness to verify the accuracy of the lines or labels in relation to the
actual property line. The photo is included in this opinion only to aid in understanding
the dispute, not for the accuracy of the labels created by Boas’s attorney.
5
Boas appeals. She argues the district court (1) improperly found a
prescriptive easement, (2) incorrectly rejected her quiet title action, and
(3) erred in dismissing her declaratory judgment action to have the fence
moved fifteen feet farther east on the Jones property.
II. Standard of Review
Actions to establish prescriptive easements are generally claims in
equity, and the parties agree this case was tried as an equitable action; as
such, our review is de novo. See Johnson, 637 N.W.2d at 177 (noting that the
claim for a prescriptive easement “will be reviewed in equity and as such our
review is de novo”). On de novo review, we examine the facts and law to
decide the issues anew. Id. We give weight to the district court’s fact
findings, especially as to witness credibility, but we are not bound by them.
Id. at 177–78.
III. Easement
The district court found that an express easement exists—and the
parties are bound by the easement agreement—but the record was unclear
whether the land used as a road between the current fences is the land
described in the easement agreement. The court went on to find that, even
if the land used as a road between the current fences is not the land described
in the easement agreement, there is a prescriptive easement over the land
used as a road between the current fences. Boas challenges these findings.
A. Express Easement
An easement restricts an owner’s property rights for a particular
purpose. Gray v. Osborn, 739 N.W.2d 855, 861 (Iowa 2007). One way to
create an easement is by express agreement in writing. Johnson, 637 N.W.2d
at 178. Neither the Joneses nor Boas disputes the existence of an express
6
easement for ingress and egress to the Goeken Property. In fact, both parties
relied upon the express easement during trial testimony and in their legal
arguments to the district court. The easement agreement describes the
burden on the Jones Property as “[c]ommencing at the center of Section 21,
Township 69 North, Range 13 West of the 5th P.M thence East 15 feet, thence
North to the South end of the public road, thence West 15 feet, thence South
to place of beginning.” The agreement describes the burden on the Boas
Property as “[c]ommencing at the center of Section 21, Township 69 North,
Range 13 West of the 5th P.M. thence West 15 feet, thence North to the South
end of the public road, thence East 15 feet, thence South to the place of
beginning.” The district court determined the boundary between the Jones
Property and the Boas Property as “the north-south line that divides
Section 21, Township 69, Range 13 into an east and west half.”
While the easement agreement would normally be enforceable and
potentially end this dispute, neither the Joneses nor Boas presented any
evidence that they had the property surveyed or otherwise presented
evidence of where the roadway lies in relation to the land described in the
easement agreement. This lack of evidence prevents us from being able to
resolve the dispute based on the express agreement alone. As the district
court correctly noted, a survey of the disputed land would have “answered
the question of whether or not the roadway currently being used is accurately
described in the [easement agreement] recorded in 1992.”
Regardless of our inability to determine whether the current road is the
land described in the easement agreement, we agree with the district court
that this matter can be resolved on the alternative basis of a prescriptive
easement. This is because an express easement can be expanded by
prescription. See Schwenker v. Sagers, 230 N.W.2d 525, 527–28 (Iowa 1975).
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So we turn our attention to Boas’s challenge to the district court’s finding of
an easement by prescription.
B. Prescriptive Easement
A prescriptive easement exists when someone uses another’s property
“under claim of right or color of title, openly, notoriously, continuously, and
hostilely” for ten years or more. Anderson v. Yearous, 249 N.W.2d 855, 861
(Iowa 1977). Prescriptive easements are similar to the concept of adverse
possession, so we consider those principles in determining the creation of
one. Johnson, 637 N.W.2d at 178. But easement by prescription concerns
only the use of property, not the acquisition of title by possession. Id. While
an express easement or permissive use can be extended, “[c]ontinued use
does not, by mere lapse of time, become hostile or adverse.” Mensch v. Netty,
408 N.W.2d 383, 387 (Iowa 1987). Instead, without relying on use, the party
claiming a prescriptive easement must prove the party’s claim over the area
with evidence distinct and independent of use. Iowa Code § 564.1 (2023);
Johnson, 637 N.W.2d at 178–179. The party claiming a prescriptive easement
also needs to prove a claim of right and that the other owner had express
notice of the claim of right. Johnson, 637 N.W.2d at 178. “The precise
evidence to support the requirements of a prescriptive easement can vary,”
meaning each case must be decided on its own facts. Collins Tr. v. Allamakee
Cnty. Bd. of Supervisors, 599 N.W.2d 460, 464 (Iowa 1999). Ultimately, “the
claimant must establish his cause of action by evidence that is clear,
convincing, and satisfactory, and we have said on occasion it must be
conclusive.” Webb v. Arterburn, 67 N.W.2d 504, 514 (Iowa 1954).
Boas argues on appeal there was insufficient proof to establish a
prescriptive easement over the current road because (1) there were
insufficient findings in the district court’s decision, (2) the district court
8
misapplied section 564.1 by allowing permissive use as proof of hostility,
(3) the district court failed to identify any act distinct from use of the
easement, and (4) there was no evidence of a claim of right from 2013 to
2023. We summarily reject Boas’s argument about the sufficiency of the
district court’s fact findings, as the court’s thorough twenty-five-page ruling
contains a plethora of fact findings that makes Boas’s claim meritless. Her
other arguments are addressed as we discuss each element of the Joneses’
prescriptive-easement claim.
1. Hostility and Claim of Right
The elements of hostility and claim of right are closely related. Collins
Tr., 599 N.W.2d at 464. Evidence of a claim of right must show the party
claimed the easement as a right. Id. Where a party demonstrates regular
expanded use, makes improvements, or otherwise informs the other party of
their right to use the property, there will be a claim of right sufficient to grant
a prescriptive easement. See Schwenker, 230 N.W.2d at 528 (holding the
defendant’s proof of regular use and refusal to stop based on asserted right to
use was sufficient to expand the granted easement); Johnson, 637 N.W.2d
at 179 (finding proof of continued improvements and repairs as sufficient for
a claim of right). Hostility refers to declarations or acts that reveal a claim of
right to the land, not necessarily ill-will. Collins Tr., 599 N.W.2d at 464
(applying adverse possession concepts to prescriptive easements). Specific
acts or conduct associated with use, such as maintaining or improving the
land, will give rise to a claim of right. Id. Where there is evidence of a party
installing fixtures or maintaining the area in such a way that an owner of land
would, there is sufficient evidence of hostility. See id. at 464–65.
Here, there is clear and convincing evidence of hostility and claim of
right beyond mere use of the roadway. The owner of the Boas Property
9
demolished a building and built a fence on the Boas side of the road to
accommodate access to the Goeken Property. The owners of the Jones
Property installed a fence on their side of the road and maintained the fence
by periodically clearing the brush from the fence line. The owner of the Boas
Property allowed cattle to graze in the roadway, but when entry to the Goeken
Property was needed, the cattle were removed to allow such access. Lastly,
when Boas began blocking the road, the Joneses asserted their claim to the
sheriff’s office and local county attorney in an effort to regain access. All of
this evidence is proof of hostility and claim of right independent and distinct
from the use of the road. See Schwenker, 230 N.W.2d at 528 (finding objection
to threats to close off the area over which an easement was claimed as part of
the proof needed to show hostility); Johnson, 637 N.W.2d at 179 (finding
maintenance of the area over which an easement was claimed as part of the
proof needed to show hostility); Collins Tr., 599 N.W.2d at 464–65 (same).
The district court properly found the Joneses proved a hostile claim of right.
2. Open and Notorious Use
The Joneses also had to establish the easement was used in an open
and notorious way for ten years or more and the owner of the Boas Property
had notice of such. See Johnson, 637 N.W.2d at 180. These elements “exist
to help place the true owner of land on notice of the adverse use of the land
by another.” Collins Tr., 599 N.W.2d at 465. This requirement ensures the
true owner “knows another’s use of the property is claimed as a right
hostile” to the owner’s interest because otherwise the owner “may
incorrectly assume the other’s use results merely from [the true owner’s]
willingness to accommodate the other’s desire or need to use the land.”
Larman v. State, 552 N.W.2d 158, 162 (Iowa 1996). “[W]here the easement
is open and visible, the purchaser of the servient tenement will be charged
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with notice.” Johnson, 637 N.W.2d at 180 (citation omitted). When a party
discusses the right of use with the true owner or acts in a manner that would
attract the attention of the true owner, there is sufficient evidence of open
and notorious use. See Anderson, 249 N.W.2d at 861. Additionally, when the
true owner uses the road and has knowledge about damage and repairs to the
area by the adverse party, they also have sufficient notice. See Collins Tr., 599
N.W.2d at 465.
The owners of the Boas Property were on notice of open and notorious
use of the road in the location marked by the fences. By erecting a fence to
mark the western edge of the road, demolishing a building within the fenced
area, and watching as Davis County bulldozed the fenced in area to clear it
for use, the owners of the Boas Property were on notice of open and notorious
use of the road as marked by the fences. Likewise, the installation and
maintenance of the fence on the eastern edge of the road by the owners of the
Jones Property gave the owners of the Boas Property notice that the owner
of the Jones Property was making an open and notorious claim of right to use
the road. Like in other cases where knowledge of open and notorious use
provided sufficient notice, the district court correctly concluded the owner
of the Boas Property had express notice of the open and notorious use of the
property by the owner of the Jones Property. See Anderson, 249 N.W.2d at
861–62 (finding open and notorious use by notification of problems in the
disputed area with demands to fix them); Collins Tr., 599 N.W.2d at 465
(finding maintenance and installation of improvements to the disputed area
sufficient to satisfy the notice requirement of section 564.1).
3. Ten-Year Period
Boas also contends there is no evidence of continuous use for the ten-
year period between 2013 and 2023. But the “ten-year continuous possession
11
requirement may be established by ʻtacking’ onto the claimant’s possession
time by his predecessors in interest.” Johnson, 637 N.W.2d at 181. Once a
prescriptive easement is established, it “can only be lost by at least ten years
of continued nonuse accompanied by facts and circumstances clearly
indicating an intentional relinquishment.” Anderson, 249 N.W.2d at 863.
Here, there was no evidence of ten years of non-use such that the
Joneses indicated their desire to relinquish the easement. Instead, the
evidence clearly established that the road has existed between the fences
erected in 1992 for over thirty years. At no time did the road become
overgrown, impassable, or otherwise abandoned for a period of ten years or
more. See id. Rather the record establishes that the Joneses have been
regularly maintaining the fence since at least 2002. Additionally, the record
shows that the farm tenants of the Goeken Property have been using the road
since the early 1990s to access the farm. Since the Joneses can rely on their
own actions during the ten years immediately prior to this suit and the history
of use dating back to 1992 when renters began using the road, the district
court appropriately found there was enough continuous use to establish a
prescriptive easement. See Johnson, 637 N.W.2d at 181.
IV. Quiet Title Actions
The district court denied each party’s quiet title claim. On appeal,
Boas claims the district court should have granted her quiet title claim over
land outside that described in the easement agreement because the court
improperly found a prescriptive easement.
A quiet title action “may be brought by anyone, whether in or out of
possession, having or claiming an interest therein, against any person
claiming title thereto, though not in possession.” Iowa Code § 649.1. This
language is permissive in nature, leaving it in the district court’s discretion
12
whether it would be an equitable remedy for the controversy. See id.
Granting a request to quiet title establishes title for one party while barring
anyone else from having any claim of right over the property. See Smith v.
Cretors, 164 N.W. 338, 339 (Iowa 1917) (“The naked fact that in an action to
quiet title there is a decree quieting title in plaintiff operates as a decision that
defendant has no title or claim.”).
As discussed above, the Joneses have established a prescriptive
easement over the road. This defeats Boas’s quiet title claim, so we find no
error in the dismissal of it.
V. Declaratory Judgment
Boas requested declaratory relief to require the Joneses to move their
fence fifteen feet to the east. The district court denied the requested relief,
and Boas challenges that denial on appeal. Because Boas’s claim is based on
her claim that the Joneses do not have an easement over the fenced-in
roadway and we have rejected that claim, Boas’s challenge to the declaratory
judgment ruling fails as well.
VI. Conclusion
Having rejected each of Boas’s claims on appeal, we affirm the district
court’s ruling.
AFFIRMED.
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