Easements Attorney in Lawrenceville, New Jersey
Are you facing issues related to easements in Lawrenceville, New Jersey? Whether you’re dealing with access rights, property disputes, or the intricacies of establishing or enforcing easements, having a knowledgeable and experienced easements attorney by your side is crucial.
At James P. Manahan, I am skilled in working through easement law cases, offering professional guidance and strategic solutions tailored to your unique needs.
With a deep understanding of New Jersey’s property laws and a proven track record of successful outcomes, I’m committed to protecting your property rights and your real estate interests. I proudly serve clients in Trenton, Pennington, Ewing Township, East Brunswick, and West Freehold, New Jersey.
What Is an Easement?
An easement is a legal right to use or access another person’s property for a specific purpose, such as roads, utilities, or drainage. It doesn’t grant ownership, only the right to use the land for that purpose.
For instance, if a homeowner’s property is landlocked (i.e., there is no access to a public road), the homeowner may seek an easement across a neighboring property to allow access to the public road. Similarly, utilities like water, electricity, and sewage often require easements to pass through private properties.
Easements are classified as positive or negative. A positive easement lets the holder take action on the land, like crossing it or placing utilities, while a negative easement prevents the owner from actions that interfere with the holder’s rights.
Types of Easements in New Jersey
In New Jersey, easements are divided into several types based on their use, origin, and scope. These types are commonly recognized under both New Jersey state law and federal law.
1. Easement Appurtenant
An easement appurtenant is the most common type of easement. It benefits a specific piece of land (the dominant tenement) and burdens another piece of land (the servient tenement). The dominant tenement is the property that enjoys the benefit of the easement, while the servient tenement is the property that is subject to the easement.
For example, if a property owner (the dominant tenement) has an easement over a neighboring property (the servient tenement) to access a public road, the easement appurtenant ensures these rights remain intact despite changes in the servient property’s ownership.
2. Easement in Gross
An easement in gross is not tied to a particular piece of land but instead benefits a specific individual or entity. This type of easement typically applies to situations where an individual or organization needs access to land for specific purposes, such as installing utility lines, power cables, or pipelines.
Unlike an easement appurtenant, which attaches to a parcel of land, an easement in gross benefits a person or business regardless of land ownership.
For instance, a utility company may hold an easement in gross across multiple properties to maintain electrical lines, even though the easement is not tied to any specific property owner. This type of easement is often revocable and can be limited in scope.
3. Prescriptive Easement
A prescriptive easement is gained through continuous, overt, and hostile use of someone else’s property for 20 years under New Jersey law. The use must be uninterrupted and without the owner’s permission, establishing the right through prolonged use.
For example, if someone has used a pathway across a neighbor’s land for more than 20 years, they may have established a prescriptive easement, granting them the right to continue using the path, even without the property owner's consent.
4. Easement by Necessity
An easement by necessity arises when a landlocked property can only be accessed through another property. Under New Jersey law, these implied easements ensure landlocked owners have access.
For example, if a homeowner purchases a parcel of land that has no road access but is surrounded by other properties, New Jersey law may grant an easement by necessity to the new owner, allowing them to cross the neighboring land to reach a public road.
5. Easement by Estoppel
An easement by estoppel occurs when a property owner allows another party to use their land in such a way that the party relying on the use would suffer harm if the easement were revoked. This type of easement is often associated with informal or oral agreements.
In a scenario where a property owner grants permission for a neighbor to build a driveway or place utility lines, and the neighbor invests considerable resources based on this permission, the law may prevent the property owner from later revoking the right, thus creating an easement by estoppel.
Creation of Easements in New Jersey
Easements in New Jersey can be created through several means, including express grants, necessity, prescription, or estoppel.
1. Express Grant or Deed
The most common way to create an easement is through a written agreement, such as a deed. This document outlines the easement’s purpose, scope, and duration and is recorded in the county clerk's office to make it legally binding.
2. Implied Easements
In some cases, easements are implied by law, even without a formal written agreement. Implied easements are most common when a property is divided into smaller parcels and a right of way or access is necessary for one parcel to benefit another. The courts may find that an easement exists based on the reasonable necessity of the situation.
3. Prescriptive Easements
As discussed earlier, prescriptive easements are created through continuous and uninterrupted use of land for at least 20 years. New Jersey courts recognize these easements when the use is adverse, open, and consistent over the required period.
4. Easements by Necessity
When landlocked properties require access to the nearest road, the courts in New Jersey will create an easement by necessity. This easement is not explicitly agreed upon but is implied due to the necessity of access.
Enforcement of Easements in New Jersey
Easements in New Jersey are enforceable in court. The holder of the easement has the right to request legal action if the servient property owner interferes with the easement holder's rights.
For example, if a property owner blocks a driveway that serves as an easement, the easement holder can take the issue to court to seek an injunction, which would legally compel the property owner to cease interfering.
New Jersey courts enforce easement terms in written agreements. For implied easements, they consider prior use, necessity, and practical factors to determine the parties' rights and responsibilities.
Termination of Easements in New Jersey
Easements in New Jersey can be terminated in several ways:
1. Release
The easement holder can release their rights through a written document. This release is recorded and officially ends the easement.
2. Merger
If the dominant and servient estates come under the same ownership, the easement is automatically extinguished. This is known as the doctrine of merger.
3. Expiration
Some easements are granted for a limited duration. Once the specified time period has expired, the easement terminates automatically.
4. Abandonment
If the easement holder ceases using the easement for an extended period, this may lead to a finding of abandonment. Courts will look for clear evidence that the easement holder intentionally gave up their rights to the easement.
5. Condemnation
Easements can also be terminated through condemnation when the government exercises its power of eminent domain to take the servient property for public use.
Practical Considerations for Real Estate Transactions in New Jersey
When buying or selling property in New Jersey, it’s important to review existing easements. Buyers should conduct a title search to ensure easements are documented and enforceable, as they can affect the property's use and value.
Real estate professionals should be aware of New Jersey’s easement laws. Easements that limit development can affect a property’s marketability. Sellers must disclose any easements to avoid future legal disputes.