New Jersey Agreement between Adjoining Owners Creating Easement for Common Driveway
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How to fill out Agreement Between Adjoining Owners Creating Easement For Common Driveway?
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FAQ
An easement is an interest in land owned by another consisting of the right to use or control the land (or a part of the land) for a specified, limited purpose. Most commonly, easements are granted for utility companies to and maintain their power, water, or cable lines.
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.
Also referred to "continuous trespassers' rights," the legal theory of adverse possession allows someone who has publicly inhabited and improved an otherwise neglected parcel of property to gain title after a certain amount of time has passed.
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.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
The termination of an easement that occurs when the person or entity who holds the easement acquires title to the servient tenement or when the same person attains ownership of both the dominant tenement and the servient tenement.
Common examples of appurtenances are driveways, drainage ditches, fences, and rights of way.
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.
Express Easements This is the most common way an easement appurtenant is made. Here, an easement is sold or given to a neighboring estate. It's created by an easement agreement deed in writing between the two estate holders or created by a court order.
