Legal Question in Real Estate Law in New Jersey

Access to garage using easement

I live next to a marina. Between my house and the marina bulkhead is an alley/easement belonging to the town. The only way to enter my garage is thru this alley. There is no curb cut from the street to access the alley so I installed a small angled piece of metal up against the curb to allow me access with my car. The garage was built probably around 1930 and I imagine the sidewalks and curbs were installed after the garage was built. I can't imagine the town allowing a garage to be built without providing access to it. Am I 'grandfathered' access to this alley and can I make the town put in a curb cut? We have requested this be done at our own expense but, the town said it does not want to put in a cut because it is not a paved road (dirt)and they don't want to be responsible for upkeep etc. The other problem is that the owner of the marina is storing boats, a bulldozer, etc on this easement blocking my access down the alley. We just spend several thousand $$ rebuilding a new garage (with permits granted by the town). Since the marina parking lot and easement are being used for 'storage', the boat owners are parking their trucks in front of my house, and sometimes blocking me in. What rights do I have as far as access?


Asked on 7/21/04, 10:33 am

1 Answer from Attorneys

Re: Access to garage using easement

You want to get an easement for the use of the twp. property to access your driveway. This will also allow you to prevent the marina from blocking your access. This probably won't be easy, and will require you hire an atty. IF the twp. sees you will go all the way, perhaps they will become more accomodating. What twp. are you dealing with?

Good luck!

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Answered on 7/21/04, 11:41 am


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