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.
The New Jersey General Right of Way Instrument is a legal document that confers specific property rights to an individual or entity for the purpose of constructing and maintaining public infrastructure within the state. This instrument enables the designated party to have lawful access to and use of private land for public use, while ensuring fair compensation for the property owner. In New Jersey, there are several types of General Right of Way Instruments, each serving a unique purpose based on the nature of the intended public project. Some common types include: 1. Road Right of Way Instrument: This type of instrument grants the state or local government the right to establish, widen, or maintain roadways on private property. It allows transportation authorities to access the required land for constructing highways, interstates, roundabouts, or any other transportation infrastructure. 2. Utility Right of Way Instrument: This instrument facilitates the installation, maintenance, and expansion of utility infrastructure such as power lines, pipelines, water mains, and telecommunication cables across private properties. It grants utility companies the necessary permission and access rights to ensure uninterrupted service provision. 3. Railway Right of Way Instrument: This type of instrument permits the construction and operation of railway tracks, stations, and related facilities on private properties. It ensures that rail companies have the necessary legal rights to utilize specific land for the transportation of goods and passengers. 4. Environment Conservation Right of Way Instrument: This instrument is focused on preserving natural habitats, wetlands, and other environmentally significant areas. It allows authorized entities, such as conservation organizations or governmental bodies, to create protected zones or trails for the purpose of environmental conservation and public enjoyment. 5. Easement Right of Way Instrument: An easement is a specific type of right of way which grants a party (such as a neighbor or utility company) limited access to a property or specific portion of a property for a particular purpose. It may include a right to cross the land or place certain structures for the benefit of the grantee. These various types of General Right of Way Instruments are essential for the development and maintenance of New Jersey's infrastructure while ensuring that property owners are justly compensated for the use of their land. They provide a legal framework that balances the public's need for efficient transportation, reliable utilities, and environmental conservation with private property rights.
