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In order to be eligible for recording, an easement deed should be signed by the grantor and acknowledged before an officer specified in -6.1 of the New Jersey Statutes. Deeds may be acknowledged in New Jersey or in another state.
Driveway Rights and Obligations to Repair One issue that comes up from time to time is whose responsibility it is to maintain an easement. The short answer is the owner of the easement is responsible for maintaining the easement.
An easement may be created in a number of ways. One is by express grant . In this case there may be a Deed of Grant that states the terms of the easement, or the grant may take the form of a clause in a conveyance deed or a transfer deed. An easement may be created of necessity.
The easement can be acquired through express grant made by inserting the clause of granting such a right in the deed of sale, mortgage or through any other form of transfer. This involves expressing by the grantor of his clear intention.
Easements are usually created by an express grant of the right to others, often in the form of a formal agreement between the parties to the easement, which is set forth in a recorded deed. An express grant of an easement can also be made by reserving an easement in a deed, or providing for it on a filed map or survey.