Legal Question in Real Estate Law in New Jersey
easements
1 developer laid sewer/storm drainage lines incorrectly according to final survey that was performed when i purchased property it is 4 yrs since and they now want me to grant a new easement now because the escrow money is being held from developer until this is granted. what are options in terms of loss of use of my land?
2 on another matter the land behind my house has a golf course safety buffer esement that i own and have to allow ingress/egress of golfetc. however they have placed a control box for their sprinkler system on this easement w/o notice to me and in my deed it states no construction of any structure is permitted.
1 Answer from Attorneys
Re: easements
If you can establish that the sewer drainage lines were installed improperly, they will have to be corrected. You will need some engineering report to verify this. You may have no recourse if the easement for sewers was in place when you purchased your property, other than to have them correctly installed. As to the structure, you may also have the right to have it removed and replaced on their land. This would involve further looking at the terms of the easements to verify the erection was improper.