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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.
Easements may be created by an express grant or by prescription or necessity. An easement grants the owner of the dominant estate the right to use the land for a particular purpose, and such use may be on, under or above the land. Generally, the duty to maintain an easement rests with the owner of the dominant estate.
60-503. Adverse possession. No action shall be maintained against any person for the recovery of real property who has been in open, exclusive and continuous possession of such real property, either under a claim knowingly adverse or under a belief of ownership, for a period of fifteen (15) years.
The public right of way is property dedicated to the city for public infrastructure like roadways, storm sewers, sidewalks and streetlights. The state also allows utility providers to use the public right of way for their facilities.
Some of the most common forms of easements are travel easements and utility easements. A travel easement is the right for another individual to cross real estate not owned by them. Usually this is for the purpose of accessing their own real estate.
An easement grants to the holder a right to use land owned by another. Easements that grant usage rights are affirmative easements, while easements that restrict the use of one's own property are negative easements. Easements also differ in the way they are created and in how they are passed.