Easement Disputes vs. Property Ownership Rights: Which Prevails?
Sept. 4, 2025
Property ownership often comes with clear rights and obligations, but when another party claims a legal right to use part of the property, conflict can arise. These conflicts are commonly rooted in easements—legal rights that allow someone else to access or use a portion of your land for a specific purpose.
At James P. Manahan in Lawrenceville, New Jersey, and Newtown, Pennsylvania, my clients often face real estate disputes where they must defend their property rights or respond to others’ easement claims. When these matters arise, which party’s rights take priority depends on the type of easement, how it was established, and what the law permits.
Easements in New Jersey
Easements give individuals or entities the right to use someone else’s property without owning it. They’re often attached to the land itself and can remain in place regardless of property ownership changes.
New Jersey law recognizes multiple types of easements, each with different implications for both the property owner and the party using the easement. The most common easements include:
Easements by necessity – Often created when a parcel of land is landlocked and access is only possible by crossing a neighboring property.
Easements by prescription – Arise when someone has openly used part of a property without permission for a specific period (typically 20 years).
Express easements – Clearly defined in writing, often in deeds or legal contracts.
Easements by implication – Created when property is subdivided and the use of part of the land is necessary to continue a pre-existing use.
Easements can benefit utilities, neighbors, government entities, or commercial parties. They may allow use of a driveway, access to a water source, or placement of power lines. Understanding which type of easement is at play is the first step in evaluating whose rights are legally enforceable.
Property Ownership Rights
Property owners in New Jersey generally have broad rights to control, use, and exclude others from their land. These rights, however, aren’t absolute. If an easement has been properly granted or legally recognized, a property owner must honor it, even if it conflicts with their preferred use of the property.
Disputes often arise when property owners seek control but must respect shared access. For example, building a fence might interfere with a neighbor’s driveway easement. Legal guidance helps determine if the easement is still valid, has been exceeded, or can be changed or ended.
Common Causes of Easement Disputes
Easement disputes arise in many forms and often reflect tension between practical use and legal entitlement. Common scenarios include:
A new property owner discovers an existing easement on the land they just purchased
A utility company is expanding its use of an easement beyond what was agreed upon
A neighbor is installing permanent structures within an easement zone
Disagreements over maintenance responsibilities for shared access roads or driveways
Challenges over whether an easement has been abandoned or is still valid
Easement conflicts also emerge when property boundaries are unclear or when records are incomplete. Title searches and property surveys play an important role in resolving such conflicts and verifying what rights exist on paper.
Legal Documentation
Easements that are documented in deeds or contracts tend to offer more clarity than those based on use or implication. A well-written express easement should define:
The purpose of the easement
The exact location on the property
The allowed activities or access
The parties responsible for maintenance
The duration or permanence of the easement
When these details are missing or ambiguous, the situation can become more challenging. Courts may have to interpret the original intent or weigh evidence about how the easement has been used over time.
In such cases, an attorney can assist property owners in reviewing title documents, historical records, and surveys to build a legal argument that protects their real estate interests.
What Courts Consider
When courts in New Jersey evaluate an easement dispute, several factors come into play. They may examine:
The history of the property and any prior agreements
The physical layout and whether alternatives exist
How long has the disputed access or use continued
Whether the use has been open, continuous, and without permission (for prescriptive claims)
Whether modifying or terminating the easement would unreasonably impact one party’s use of the land
Property owners who seek to restrict or remove an easement must often show that its purpose no longer exists or that it causes unreasonable harm to their ability to enjoy and use their property.
Likewise, those asserting their right to use an easement must confirm that their use is consistent with the terms and legal basis of that easement.
Terminating or Modifying an Easement
There are legal methods for changing or ending easements, but they must be handled with care and in compliance with New Jersey law. Easements can be terminated by:
Agreement – Both parties formally agree to end the easement
Abandonment – The easement holder stops using it for a prolonged period
Merger – When one party acquires both parcels involved
Expiration – If the easement was time-limited, and that period has ended
Changed circumstances – Where continued use is no longer practical or necessary
Modification may also be possible through mutual agreement or by court order if continued use becomes burdensome or unsafe.
In each of these situations, documentation is key. An attorney can assist with drafting or reviewing the proper legal instruments to make changes enforceable and official.
Real Estate Legal Counsel
When easement disputes intersect with property ownership rights, clear legal analysis is essential. These matters can affect property values, limit development plans, and trigger long-term disputes between neighbors or between private parties and municipalities.
James P. Manahan assists clients in Lawrenceville and beyond with evaluating easements, interpreting documents, conducting title reviews, and representing parties in court when disputes can’t be resolved through negotiation.
Choosing a law firm familiar with New Jersey property laws is vital to protect your real estate interests. Property owners should avoid self-help actions—like blocking access or removing utility lines—without legal advice, as these can lead to liability or penalties.
Impacts and Financial Considerations
Easement issues can affect the financial standing of a property. Buyers and sellers may back out of transactions if unresolved easement conflicts exist. Lenders and title companies may also raise concerns, especially if documentation is unclear or missing.
Some financial effects of easement conflicts include:
Reduced property value
Delays in real estate sales or closings
Higher legal fees to resolve disputes
Potential loss of use or development opportunities
To avoid these problems, buyers should request thorough title searches, and sellers should disclose any known easements. Property owners considering improvements—such as driveways, fences, or outbuildings—should consult legal counsel before proceeding to avoid interfering with easements.
When Real Estate Rights Prevail
Courts aim to balance the rights of both property owners and easement holders. However, ownership rights can take priority under certain conditions:
If the easement was never legally established or recorded
If the use has changed significantly beyond what was initially granted
If the easement has been abandoned
If the owner’s use of the land is unreasonably restricted by the easement
That said, courts are reluctant to remove or significantly alter easements without clear legal or factual grounds. The key question isn’t which right is “more important,” but whether the easement remains valid and enforceable under state law.
Legal Remedies for Easement Disputes
Property owners and easement holders in New Jersey have several legal remedies available when disputes arise. These may include:
Filing a quiet title action to clarify or challenge easement claims
Seeking a declaratory judgment to define the scope of use
Requesting injunctive relief to stop unauthorized activity
Negotiating a release, modification, or alternative access agreement
Each approach has its pros and cons depending on the nature of the easement and the specific use in dispute. Working with a real estate attorney helps determine the most appropriate legal avenue and whether litigation or settlement is the better choice.
Common Questions From Property Owners
Property owners involved in easement conflicts often ask:
Can I build on or near an easement?
Does a previous owner’s agreement still bind me?
What if I never gave permission for someone to use my land?
How do I stop a neighbor from expanding use beyond the easement?
In most cases, these questions require a review of property records and an analysis of New Jersey’s easement laws. Even when no written agreement exists, the behavior of past owners and users may establish legal obligations.
What Property Owners Should Do First
If you’re dealing with a current or potential easement dispute, consider these first steps:
Review your deed and any title documents
Obtain a current survey of your property
Gather any correspondence or records related to easement use
Don’t block access or interfere without legal advice
Contact a real estate attorney to discuss your options
Taking proactive steps with legal guidance can help you protect your rights while avoiding additional conflict.
Contact Me to Protect Your Property Rights
Easement disputes and property ownership rights often involve competing interests that require thoughtful legal review. At James P. Manahan in Lawrenceville, New Jersey, I provide legal counsel to property owners in Trenton, Pennington, Ewing Township, East Brunswick, and West Freehold, and throughout Mercer County, Burlington County, Middlesex County, and Monmouth County, focusing on real estate matters that impact long-term ownership rights. Call today for assistance in protecting your property interests through sound legal guidance.