An easement is a right in the land of another. The right is often described as the right to use the land of another for a special purpose. 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. An easement is a real property interest, but separate from the legal title of the owner of the underlying land. This form is a generic example that may be referred to when preparing such a form for your particular state.
New Jersey General Form of Easement Agreement
State:
Multi-State
Control #:
US-00982BG
Format:
Word;
Rich Text
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How to fill out General Form Of Easement Agreement?
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FAQ
Public right-of-way means the area on, below, or above a public roadway, highway, street, alley, easement, or waterway. Public right-of-way means any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity.
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 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.
An easement once granted may be ended by merger. Under the merger doctrine, an easement will terminate when the dominant and servient estates become vested in one person. To satisfy this, there must be a complete unity of the dominant and servient estates, meaning that one person or entity owns the entire plot of 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.
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.