In real estate law, an easement is a non-possessory right to use another party’s property for specific purposes without owning the land itself, a concept known as what is an easement. There are different types of easements, and each requires specific legal procedures to be established. For instance, an easement created by express grant must pass muster with the Statute of Frauds and be recorded in order to be binding on subsequent parties. The attorneys have extensive experience with all types of easements in New Jersey real estate transactions and can help you understand your rights and obligations as either a seller or buyer of land.
The common types of easements in New Jersey are affirmative and negative. Affirmative easements allow the beneficiary to enjoy a particular benefit, such as using a neighbor’s driveway to access their landlocked property. Understanding what is an easement in this context is crucial for property rights. Negative easements, on the other hand, prohibit the beneficiary from taking certain actions that would adversely affect their enjoyment of the land (e.g. building a structure in a flood zone).
Easements can be created by an express grant or can arise by prescription or implication. An express grant can be created through a formal agreement between the parties, or it can be recorded in the public records. A recorded easement deed provides constructive notice to all future purchasers, mortgagees, and judgment creditors of the existence of the easement. This recording is a critical part of what is an easement.
An easement by “estoppel” or acquiescence consists of the uses that are so obvious on the dominant tenement as to be indisputable, such as a spout that discharges water every time it rains, a drain through which surface water is carried off, windows that admit sunlight and air, and the like. The enjoyment of such an easement is a necessary incident to the enjoyment of the dominant tenement and thus is “obvious and continuous.” Understanding what is an easement in this form is important for property owners.
A New Jersey easement is enforceable against any subsequent purchaser of the land even though the original owner may no longer own the land. This is because an easement is not created by the sale of a piece of property but rather by the conduct of the parties over a period of time. It is important that buyers of property are aware of any existing easements before they close on the transaction, and a thorough title search should reveal such information. This awareness is part of understanding what is an easement and its implications. This is particularly important when a property has been sold multiple times because an easement that is not properly recorded will fail to transfer with the title. This is known as a “non-assignable easement.”
Easements are enforceable agreements that give someone other than the property owner the right to use the property in some way, leading many to ask, what is an easement? This could be a right of way, like driving on a neighbor’s driveway or crossing their land to get to a road or highway. It might be a negative easement that prevents the property owner from doing something, such as building over a flood zone. Understanding what is an easement and when it might be applicable is crucial for property owners and buyers in New Jersey.
New Jersey is a densely populated state, and many people live in communities close together. As a result, easements are commonly used to ensure that everyone gets access to roads and other services. This is why you might have an easement on your property that allows the municipality to maintain sewer, water, cable, and telephone lines. Easements can also help to conserve land by limiting the development of wetlands and other environmental areas. Knowing what is an easement can help property owners manage their land effectively.
There are a few ways that an easement can be created in New Jersey. One is through express agreement, where the parties put their agreement in writing and have it recorded. Another method is through prescriptive use, where an easement can be established after many years of uninterrupted and exclusive use. In both cases, understanding what is an easement and its establishment process is important.
When an easement is expressly written and recorded, it becomes what’s called a “covenant that runs with the land.” This means that it continues to be effective even when the property changes ownership. However, an informal or formal easement that is not formally written and recorded does not have this effect and is unenforceable. This distinction highlights the importance of knowing what is an easement in legal terms.
An easement can be either “appurtenant” or “in gross.” An appurtenant easement is a right of way that benefits a particular tract of land. The benefited parcel of land is known as the dominant estate, while the bounded land that burdens the easement is the servient estate. Understanding what is an easement in these terms helps in recognizing the rights and limitations associated with a property.
Easements can be formed by estoppel or acquiescence. The amount of time required for an easement by estoppel or acquiescence to coalesce is inversely proportional to the extent of detriment caused, but no minimum period has been specified in New Jersey case law. Recognizing what is an easement in these specific scenarios is vital for property disputes and resolutions.
Another way that an easement can be established is through the operation of common law rules. This can include rights of way, profit a prendre, and other equitable easements. This demonstrates how broad and varied the concept of what is an easement can be.
Many landowners donate or sell conservation or farmland easements on their properties to state and local government agencies, as well as non-profit organizations, to help further their environmental goals. These types of easements are often tax deductible for the property owners. Landowners can also bequeath easements in their wills. This allows them to receive income tax benefits during their lifetime and removes the value of the easement from their estate for inheritance taxes. New Jersey Conservation Foundation has preserved over 140,000 acres of land through these methods, showing the impact of understanding and utilizing what is an easement for environmental conservation.
If you are a property owner in New Jersey, it is important to be aware of Easement Rights and understand what is an easement. The law regarding easements can be complex, so it is best to consult a real estate attorney before purchasing a property with existing easement issues. An attorney can assist in forming an express easement, which is contractually binding and requires the signatures of both dominant and servient tenements. A recording of this type of easement deed gives constructive notice to subsequent judgment creditors and bona fide purchasers and mortgagees, even after changes in the original circumstances give rise to the easement or its loss from the record.
Easements can also be implied based on the fact that one property is dependent upon another for access. This can happen when a property is landlocked and needs to cross over the neighbor’s land in order to reach a driveway or other area of the property. An easement of necessity is usually written up or recorded with the property deed and is legally binding. This is one example of what is an easement in a practical situation.
Other kinds of implied easements include those that are created by estoppel and acquiescence. These types of implied easements are different than quasi-easements because they do not require a historical unity of title between the property owners. Instead, the courts believe that if the parties acted consistently for a long period of time with an understanding that the other party relied upon that behavior, it should eventually coalesce into a legal right. Understanding what is an easement in these terms is important for property owners.
As a result, the court will assume that the party invoking an easement by estoppel or acquiescence has a valid claim over that part of the property. This is a much less burdensome process than proving that the party had actual, legal notice of the existence of an easement. However, it is not a substitute for actual notice and is often not enough for a court to award the claimed easement. Knowing what is an easement and how it can be established or claimed is crucial in these cases.
Prescriptive easements are the easiest kind of easement to establish in New Jersey and they may be enforceable even without formal documentation. This is because the law of adverse possession grants a person ownership over the property over a certain amount of time. However, if the person openly and blatantly uses the land for the purpose of the easement in question, it is possible that they will have established a prescriptive easement over that area. This is another scenario where understanding what is an easement becomes relevant.
In general, easements should be in writing and recorded with the property deed in order to become enforceable. A recorded easement is a covenant that runs with the land and will be enforceable against all subsequent parties, including new property owners. An easement that is not recorded, however, is simply an agreement between two parties and will not be enforceable against other future property owners. This distinction highlights the importance of knowing what is an easement in the context of property rights.
Easements can be used to protect the environment, limit development on a property, or prevent pollution of a water body. They can also be transferred to state or local government agencies or nonprofit organizations to further their open space and agricultural goals. A landowner can also grant a conservation or farmland easement to reduce the value of their property for inheritance tax purposes and preserve it for its natural resources and wildlife. This showcases the diverse applications of what is an easement in land use and conservation.
The Matus Law Group
125 Half Mile Rd #201A, Red Bank, NJ 07701
(732) 785-4453