New Jersey Easement for Utilities

State:
Multi-State
Control #:
US-00500
Format:
Word; 
Rich Text
Instant download

Description

This Easement for Utilities is from Grantor to Grantee for a permanent utility easement and right-of-way with the right to erect construct, install, lay and use, operate inspect, repair, maintain, replace, and rework water lines, water pipe lines, water facilities, manholes, pump stations or other appurtenances that may be required, over, across and/or under a certain parcel of real property as described in the agreement. This agreement can be used in any state.


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.

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FAQ

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.

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.

Legal Obligations: The easement owner has both the right and the obligation to maintain the easement in a safe condition to prevent injury to third parties using it. Implied Right of Entry: The easement owner has an implied right to enter the servient tenement for the purpose of performing necessary repairs.

For example, Johnny bought property that did not have access to a public road, but he used the private gravel road of his neighbor to reach a public road for ten years. A court may grant him a prescriptive easement if the owner of the other property did not ask him to stop using the private road.

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.

Easement: A right to use land of another for a specific or particular purpose consistent with the grant under which it was made.

Perpetual Easements A preservation easement donated to the New Jersey Historic Trust typically prohibits demolition and restricts unsympathetic changes to the exterior of a structure, and may extend similar protection to interior features or the surrounding landscape.

These easements are subject to New Jersey law which presumes that right-of-way applies. Prescriptive easements are another way that easements can be formed. These easements are based on common law and arise when a servient owner's property is used for a specific purpose and only temporarily.

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New Jersey Easement for Utilities