New Jersey Access Control Easement
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How to fill out Access Control Easement?
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FAQ
In New Jersey, private property includes not only residential property but also streets inside gated communities and apartment complexes along with parking garages and parking lots adjoining shopping centers and other commercial locations.
The Pubic Trust Doctrine provides that public rights to tidal waterways and their shores in the state are held by the state in trust for the benefit of all of the people. Further, it establishes the right of the public to fully utilize these lands and waters for a variety of public activities.
The Pubic Trust Doctrine provides that public rights to tidal waterways and their shores in the state are held by the state in trust for the benefit of all of the people. Further, it establishes the right of the public to fully utilize these lands and waters for a variety of public activities.
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.
The State of New Jersey owns in fee simple all lands that are flowed by the tide up to the high-water line and claims ownership of those formerly flowed tidelands as delineated on the Tidelands Claims Maps.
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)
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 common law Public Trust Doctrine protects sovereign lands, such as tide and submerged lands and the beds of navigable waterways, for the benefit, use and enjoyment of the public. These lands are held in trust by the State of California for the statewide public and for uses that further the purposes of the trust.
