New Jersey Assignment of Pipeline Easements and Rights of Way
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FAQ
Right: A real estate interest in a property (e.g. access, drainage, slope, etc.) Right Of Way (ROW): Land owned or to be acquired by NJDOT for highway purposes.
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.
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.
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
Typically, losing a right of way happens in one of three ways: The parties involved expressly agree to extinguish the right by entering into a formal deed of release. The person with the benefit of the right demonstrates by their actions that they intend to abandon it.
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.
