New Jersey Easement and Right of Way (For Roadway Allowing Access to Lands)
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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.
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, 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.
An easement is basically the right to use land that isn't yours for some purpose. ? Examples: Driveway easement, beach access over private land, or a utility easement. An easement is a non-possessory interest. not gain any ownership in the affected land ? just a right to use it.
An easement is a nonpossessory right for another party to use your land for a specific purpose. In other words, they don't own it, but they have the right to use it for designated obligations or purposes. This right remains in effect even if the property is sold.
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.
