Legal Question in Real Estate Law in New Jersey

It may be that the continued use as a footpath has created a right of way or public easement by adverse possession. This has happened at several locations in my community as well. Question: Is the path exclusively on the property of the person placing the sign, or on the common line so it encompasses both properties? If not exclusively on one property the owner may not have the right to limit usage on the neighbor's portion. This might be an interesting situation for the town and/or the BOE to get involved with.

If the footpath has been in general and continuous use for a long time, it is possible that the public may have acquired what is known as an easement by prescription. The idea is similar to adverse possession except that the issue is the right to use the land, not its title. Also, the use of the land need not be to the exclusion of the rightful owner. So, there may be a legally protected right that the public has acquired by the use of the footpath. The problem then becomes whether you want to bear the expense of establishing that right on your own or whether you can get the municipality or BoE to help you. Either way, you need to act with reasonable speed. The current owner's claim of exclusive use can defeat the easement if you don't act.

See also: http://info.corbettlaw.net/lawguru.htm