Legal Question in Real Estate Law in New Jersey

Right of way

My deed to my home refers to a tract of land to be used in common with my neighbor, but I am unsure as to who owns this piece of land. Can a title search be done to determine who owns this right of way /proposed road to be used in common? Also, can a right of way move if a homeowner acquires property adjacent to this piece of land?


Asked on 1/14/04, 7:43 pm

2 Answers from Attorneys

Bernard J. Berkowitz Berkowitz & Raiken

Re: Right of way

When you bought your property a title search would have been done. It would have revealed any easements or right of ways. Look at your title insurance policy. Any exceptions will be referred to and you can get a copy of them from the county clerk. If you need help to get this or interpret this you should see an attorney. If you want help please call our office for an appointment.

As to your other question, if land is acquired that shares the right of way, it may merge together, but again more information is needed in order to give you a better answer.

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Answered on 1/15/04, 9:49 am
Walter LeVine Walter D. LeVine, Esq.

Re: Right of way

THIS SHOULD BE REFERENCED IN YOUR TITLE POLICY, WITH AN INDICATION OF THE OWNERSHIP. ALSO, YOUR CLOSING ATTORNEY SHOULD HAVE RECEIVED COPIES OF THE DOCUMENTS REFRENCING THE RIGHT OF WAY/EASEMENT AS PART OF HIS ORIGINAL TITLE BINDER (GIVEN TO HIM AS PART OF HIS PRELIMINARY SEARCH) AND HE CAN PROVIDE COPIES TO YOU. HE ALSO SHOULD HAVE MENTIONED THIS TO YOU. IF THE RIGHT OF WAY IS ALSO A PROPOSED ROAD, YOU COULD CHECK WITH THE MUNICIPAL CLERK TO GET A COPY OF THE ORDINANCE CREATING THE ROAD, AND A STATUS REPORT ON WHETHER IT STILL EXISTS OR HAS BEEN ABANDONED BY THE TOWN. IF YOU WERE TO ACQUIRE THE ADJOINING LAND, YOU COULD ASK THE TOWN TO ABANDON THE ROAD TO GIVE YOU A SINGLE CONTIGUOUS TRACT OF LAND. THIS IS NOT AN UNCOMMON PROBLEM WHERE LARGE TRACTS OF LAND WERE SUBDIVIDED AND PROPOSED ROADS CREATED BUT NOT USED BY THE TOWN.

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Answered on 1/15/04, 11:04 am


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