Legal Question in Real Estate Law in New Jersey

Re: Easement Questions

Without seeing the actual easement agreement it is difficult to form an opinion, but it sounds like the neighbor's only right is to use the gazebo and therefore only requires access to it. You should have an attorney respond to the letter. If you need further help, please call. Good luck.

Re: Easement Questions

Without reading the actual document, it appears that the developer granted the neighbor an easement across your property. The easement is a charge against your property, limiting what may be done with that portion of the property subject to the easement. This easement grants the neighbor access to the gazebo across your land, and that access cannot be blocked by the fence, with the possibility that if you used open gates that might be allowed. This is similar, for example, to sewer easements granted a municipality to allow construction and maintenance of sewer lines. You own the land, are responsible for the taxes, etc., but must allow access through the easement. This should have been explained to you by your attorney when you bought the property. You may be able to erect the fence, but it must be erected in such a way as to still allow the easement access.

Re: Easement Questions

This should have been explained to you before purchasing the property. I can not tell where this gazebo is located. Is it on your property, or the neighbor's property but for some physical reason he needs to access it by your property (i.e. - there is a pond/lake/other physical obstruction requiring access via your property). In any event, you want to be neighborly if you can, but if you want to put up a fence, put it up but put a gate for them. If it gets any more complicated, you'd better get yourself an atty!

Good luck.

Kevin J. Begley