An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
New Jersey Easement for Access to Property
State:
Multi-State
Control #:
US-00495
Format:
Word;
Rich Text
Instant download
Description
This form is an Easement or Right-of-Way for Access to Property. The form provides that an easement is granted for the ingress and egress to, from, upon, and over the property described in the agreement. The form also provides that the grantee may construct a permanent street or road on the property.
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FAQ
A private easement is an agreement between two property owners giving the owner of one property the right to use another's property for a specific purpose. For example, such an easement might be drawn up if a neighbor needs to run pipe under your property to get to their house. These may be freely granted or sold.
A prescriptive easement is a property right that is held by someone other than the property owner ? in our example, schoolchildren ? to use a property in a very specific way: to get to and from school.
Who maintains and repairs? Generally, it is the duty of the dominant estate to maintain and repair the easement. Likewise, the dominant estate must make the necessary repairs to prevent the dominant estate from created an annoyance or nuisance to the servient estate.
Easements often transfer That means if the property is purchased or sold, the easement subsists. An easement in gross, on the other hand, is generally tied to a specific party or individual ? not the land.
Other common easements may exist between neighboring properties, such as a ?shared driveway? or ?access easement? (i.e., allowing owner #1 to drive over owner #2's land to access owner #1's property. In order for an easement to be effective and enforceable, it must be in writing AND recorded with the County Clerk.
You'll want to check if you're the easement user, known as the dominant property, or if you're the property owner who must allow your neighbor to use your property, known as the servient property. The servient property owner cannot block the use of the easement.
Appurtenant or in gross In the US, an easement appurtenant is one that benefits the dominant estate and "runs with the land" and so generally transfers automatically when the dominant estate is transferred.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.