What is an Easement?
Land use law in New Jersey is a relatively broad area of the law that encompasses many different matters pertaining to the use of residential, commercial, and municipal property. Sometimes the issue of easements arises in New Jersey land use law — either for a party who wants or needs an easement, or for a party who is being burdened by an easement. What is an easement? In short, this legal term refers to the right to use property that is not yours for a particular reason, and it is a non-possessory interest. In other words, a person with an easement does not own the property on which they have an easement, but they merely have the right to use it, and for a particular purpose.
Our Summit land use lawyers can explain in more detail.
Understanding How Easements Work in New Jersey
One of the simplest ways to explain an easement is to give a couple of examples of easements. For example, because of the way two homes were built in relation to one another, it may be necessary for the owners of House A to use House B’s driveway in order to reach their garage. Or, for example, a utility company may need to install certain lines on House C’s property in order to complete work in the neighborhood.
In the first example, the owners of House A do not have any rights when it comes to House B’s property, but they benefit from the right to use House B’s land, and the owners of House B are subject to the easement. In the second example, the utility company has the easement, and the owners of House C are subject to the terms.
Easement Terminology
There are many different legal terms used in discussing easements. Some important ones to know are these:
- Servient estate is the land on which the easement exists;
- Dominant estate is the land that has the benefit of the easement on the servient estate; and
- Easement in gross is an easement where there is only a servient estate, in such cases where there is a utility easement (such as the second example above).
Sometimes easements are linked to specific property owners. At other times, with easements known as appurtenant easements, the easement runs with the land. Accordingly, even if both property owners sold the land, the easement would remain for the new property owners (such as if the owners of House A and House B in the example given above both sold their homes — the easement would still exist for the new homeowners).
Are Easements Lawful?
Whether you are seeking to obtain an easement or to have an easement lifted, it is important to understand what makes them lawful. In New Jersey, they must usually be in writing and must be agreed upon by all property owners with interest in the servient estate. Sometimes, however, easements can be created by necessity and may not be subject to the same legal requirements.
New Jersey law allows for the creation of different types of easements, as well as the termination of different types of easements depending on the circumstances. A lawyer can help you by learning more about the specific issues at stake for you.
Contact a Summit Land Use Lawyer
If you have any questions or concerns about easements, or if you want to find out more about obtaining an easement or having an easement lifted, one of the experienced New Jersey land use lawyers at Dempsey, Dempsey & Sheehan can speak with you today. Contact our firm for more information about how we can assist you with easements and other aspects of land use law in New Jersey.
Sources:
casetext.com/regulation/new-jersey-administrative-code/title-18-treasury-taxation/chapter-23a-tax-maps/subchapter-1-general-provisions/section-1823a-116-rights-of-way-and-easements
law.justia.com/codes/new-jersey/title-58/section-58-16a-12/
law.justia.com/codes/new-jersey/title-25/section-25-1-5/
