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Easement: A right to use land of another for a specific or particular purpose consistent with the grant under which it was made.
Easements by prescription are created when a trespasser ? a person without an ownership interest in the property and without the permission of the property owner ? continually and openly uses a portion of another person's property for a specific reason, generally as a shortcut or to access an attraction like a lake or ...
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.
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
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.
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.
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.