Access Easement
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FAQ
Easements are divided into two classifications: 1) affirmative easements and 2) negative easements. An affirmative easement gives a grantee the right to use the grantor's property for a specific purpose. It gives the easement holder a non-possessory interest in the grantor's land.
The most common types of easements are utility easements, which benefit utility companies, enabling them to maintain and access their lines or pipes over or under your property. Almost all properties are burdened by utility easements.
Yes, in most cases, you can build a fence on an easement. Fences are regularly built along or across easements.
Affirmative easements are the most common. They allow privileged use of land owned by others. Negative easements are more restrictive. They limit how land is used.
In New Jersey, easements can be created by prescription or extended use over a long time period. For example, if your neighbor can show that they have been using your roadway to access their landlocked piece of real estate for years, they may acquire an easement.
These types of easements include utility, aerial utility, drainage, and slope easements. While you still own the property, you are no longer allowed to use it in any way that would interfere with the easements.
The short answer is ? the owner of the easement is responsible for maintaining the easement.