Legal Question in Real Estate Law in New Jersey

easement rules in the state of new jersey

our deed states that our road is an easement in which the man in the last house has the right of way. Does that mean if we needed to continue out towards house as another access route to get out of our property are we entitled to use it. He has access to the main road on his property as do we. We are having work done on our road and we need to get into our property can we use his road? What if any legal right do we have to use his road. We do have two other families that he allows to pass through our property to use his road to get to the main road. I don't know if that has ahy bearing on it. We have lived here for 23 years.


Asked on 6/22/08, 8:38 am

1 Answer from Attorneys
Gregory Kinzel Law Office of Gregory F. Kinzel, LLC

Re: easement rules in the state of new jersey

In order to answer your question I would need to examine your deed. If the portion of the property with the easement is your property, then unless the easement contained additional restrictive language that would prohibit you from using that portion of the property, then you would be entitled to use the portion of the property subject to the easement. If the land in question is not part of your deed, then unless the easement applies to your property, then you would not be entitled to use it.

Please feel free to contact me if you would like me to examine your documents and provide you with an opinion on this.

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Answered on 6/23/08, 8:41 am


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