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Definition. An easement is a nonpossessory right that allows another party to use your land for specific purposes without owning the land itself. Formation. Easements in New Jersey can be established in various ways, often involving legal procedures.
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.
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.
Right Of Way (ROW): Land owned or to be acquired by NJDOT for highway purposes.