New Jersey Easement and Right of Way (Nonexclusive, Permanent Use of Grantor's Private Road)
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FAQ
You do not need planning permission to maintain a private road. A private road is a road or footpath that is not repaired at the expense of the States of Jersey or any parish. Also, you do not need permission for a private road to have: seats. lamps.
Easements. An easement is a nonpossessory right to use another person's land in some limited way that does not constitute full ownership. The person or legal entity that benefits from the easement has a nonpossessory interest in the other person's land.
An application for a private road shall be made in writing to the town superintendent of the town in which it is to be located, specifying its width and location, courses and distances, and the names of the owners and occupants of the land through which it is proposed to be laid out.
What is a private road? A private road is a road over which a limited number of people have the right to pass. In contrast, public roads are roads over which the entire travelling public have the right to pass.
Competing Easement Rights Sometimes homeowners want to understand if they can remove an easement from their property or can a property owner block an easement. If the intent is to prevent or obstruct the use of the easement, the answer is probably no.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
"Private road or driveway" includes every way or place in private ownership and used for travel of vehicles by the owner or those having express or implied permission from the owner, but not by other persons.
The DOT will require a sr-1-1 form to be completed. They will then investigate the road and should accept it as a public road if it meets their standards. Things like width, type of construction, curbing, turn-around areas are all areas that the DOT checks to determine if the private road meets the standards.
