New Jersey Easement By Necessity

State:
New Jersey
Control #:
NJ-EAS-7
Format:
Word; 
Rich Text
Instant download

Description

The New Jersey Easement by Necessity is a legal form designed to establish a utility easement agreement between a landowner (the Grantor) and a corporation or entity that requires access to utilities or services on that land. This form outlines the rights granted to the utility company, including the ability to install, operate, maintain, and remove utility facilities on the Grantor's property. It specifies the areas where work can occur and the responsibilities of both parties regarding maintenance and removal of the utilities. The form also includes clauses ensuring the Grantor retains rights to use the land for lawful purposes, while placing restrictions on construction within certain proximity to the installed utilities. This document is essential for ensuring legal clarity and protection for both the Grantor and the utility company. Target audience members such as attorneys, partners, owners, associates, paralegals, and legal assistants can utilize this form to manage expectations and provide legal frameworks for easement agreements. Attorneys can advise clients on the implications of the agreement, while paralegals can assist in preparing and filing the documents correctly. Legal assistants can ensure compliance with the specific requirements of New Jersey law, making this form a key resource in property and utility law transactions.
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How to fill out New Jersey Utility Easement Agreement?

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FAQ

Fences are permitted within such an easement, provided that all fences must be erected within the property lines. In addition, all requirements as outlined in the question above for fences in easements will have to be met.

Easement of NecessityGiving a landowner right-of-way over an adjoining parcel of land in order to access a public road is the most common example of an easement by necessity. Imagine a piece of farmland that has been divided in two. The first parcel lies along a county road and has a driveway leading up to a home.

While it's possible to build a fence on an easement, keep in mind that the utility company may take the fence down in order to use the easement. However, they will typically repair the fence as best as they can once their work is finished. You can also build pools and hot tubs on easements.

An easement by necessity is an easement that is created when the owner of a landlocked parcel has no access to a public right of way such as a street or highway.

A right of way of necessity as understood under Irish Law is one implied into the grant of a tenement to provide the grantee with a means of access to that tenement over the lands of the grantor where there is no other available access.

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New Jersey Easement By Necessity