New Jersey Easement and Right of Way with Option (for Pipelines)
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FAQ
Rights of way are generally negative in character. If there is a right of way over your land you must not block or otherwise obstruct it but generally you are not obliged to take positive steps to keep the surface in good repair. The neighbour who has the right of way can repair the surface but does not have to.
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. Setting the Law Straight on Terminating Easements alblawfirm.com ? terminate-easements alblawfirm.com ? terminate-easements
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. Who has the duty to maintain and repair an easement? finneylawfirm.com ? who-has-duty-to-maintain-a... finneylawfirm.com ? who-has-duty-to-maintain-a...
A right of way is an ?easement?. Sorry for the technical jargon, but that's what it is. If your neighbour is blocking a right of way that you benefit from you may very well have a case against them for interfering with an easement. If the interference is substantial you can have them stop.
Yes, you can usually build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access the easement.
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. What are Easements in Real Estate? - Updated Nov 2023 matuslaw.com ? what-are-easements-in-real-estate matuslaw.com ? what-are-easements-in-real-estate
An easement gives a landowner the right to make use of another nearby piece of land for the benefit of his own land. When you buy a piece of land or property, you need to consider the rights the owner of the rest of the land or property may have over your part or the rights you may have over his part.
Can You Build on an Easement? Yes, you can usually build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access the easement. Can You Build on a Property or Utility Easement? - The Spruce thespruce.com ? building-on-an-easement-4... thespruce.com ? building-on-an-easement-4...