New Jersey Right of Way and Easement for Additional Pipeline

State:
Multi-State
Control #:
US-EAS-2
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, a Right of Way and Easement. Allows the construction of an additional pipeline on, over and across previously granted right of way and easement.
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

Right Of Way (ROW): Land owned or to be acquired by NJDOT for highway purposes.

An easement is recorded in deed form in the county land records. After the easement is recorded, a Historic Trust representative will inspect the property periodically--usually once a year--in order to ensure that the terms of the easement are upheld.

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.

Can I build structures on a property with a drainage easement? It depends on whether your construction limits access to the easement area or messes with the drainage infrastructure. As long as it doesn't interfere with this, you have the freedom to build the structure you need.

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.

The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.

New Jersey's Requirements for Adverse Possession A trespasser's possession must be: hostile (against the right of the true owner and without permission) actual (exercising control over the property) exclusive (in the possession of the trespasser alone)

Easements in New Jersey can be established in various ways, often involving legal procedures. Express easements are contractual and require signatures from both dominant and servient tenements. These are usually recorded with property deeds. Dealing with easement issues is best done before purchasing property.

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New Jersey Right of Way and Easement for Additional Pipeline