Legal Question in Real Estate Law in New Jersey

property right of way in deed over 100years old

My deed over 100+ years old gives the church behind me right of way through the far west of my property for an easement. The church was recently sold to another church and now they want to build a house on the property between my home and the church cemetary The acess has not been used in my lifetime(66 years). My question is do they still have legal right to the easement. The church which faces another road has two driveways there. If possible please let me know if the easement is still in effect or what steps I need to take to find out.


Asked on 10/05/06, 4:41 pm

4 Answers from Attorneys

Drew Hurley Law Offices of Drew M. Hurley

Re: property right of way in deed over 100years old

Questions you should ask a real estate attorney in your area are: what kind of easement is granted in the Deed; are their limits? where is the proposed house in relation to the easement? Is the Church planning on using the easement to access the house? Other questions come to mind based on the fact pattern you present. Free advice on the internet won't cut it in your case. For your sake, spend a few bucks and get a consultation.

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Answered on 10/05/06, 10:50 pm
Robert Davies The Davies Law Firm, P.A.

Re: property right of way in deed over 100years old

Go talk to a real estate lawyer in your area.

If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 10/05/06, 4:48 pm
John Corbett Corbett Law Firm LLC

Re: property right of way in deed over 100years old

This is a problem that ought not to be discussed in an open forum. True, your identity is not easiliy available from Lawguru, but how many churches with that kind of easement can there be in your zip code.

You are right to raise the issue. Do it with a lawyer and not your church-neighbor. If you would like to discuss it with me, call or email using the contact information provided here.

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

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Answered on 10/05/06, 5:05 pm

Re: property right of way in deed over 100years old

Go talk with a Reall Estate litigator. You will need to sue to have the Easement declared abandoned or terminated for abuse of rights. Act now before the church builds a home there and the buyer gains a right of access to his property over your land. My practice is in Massachusetts now and I will not be able to represent you, but I can refer you to someone if you wish.

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Answered on 10/05/06, 6:04 pm


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