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New Jersey Easement regarding Driveway for Ingress and Egress

State:
New Jersey
Control #:
NJ-CC-108
Format:
PDF
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Description Driveway Easment

Easement regarding Driveway for Ingress and Egress
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FAQ

Easement holders have the right to use the land to their enjoyment as long as it does not place an unreasonable burden on the servient estate. Landowners have the right to make whatever use of the land as long as it doesn't unduly affect the easement.

The owner of the land that has the benefit of the right of way (the user) also has no obligation to maintain and repair but is entitled to maintain and repair the way but if he does so, he has to do so at his own cost.

The party gaining the benefit of the easement is the dominant estate (or dominant tenement), while the party granting the benefit or suffering the burden is the servient estate (or servient tenement). For example, the owner of parcel A holds an easement to use a driveway on parcel B to gain access to A's house.

When one of the owners of either the dominant estate which an easement benefits or the servient estate over which the easement runs becomes the owner of both properties, then there is a unity of the two titles, and since an owner does not need an easement over the owner's own property, according to Florida law, the

A non-exclusive easement just means that the easement will run with the land (future owners are subject to the easement). It does not mean that anyone and everyone can use the easement. The only properties that get rights to the easement would be those set forth in the grant of easement.

Easement for ingress and egress is a fancy way of saying that an easement allows someone to travel to and from the land. For example, let's say Alice can't get to her property from a public road without crossing over her neighbor Bill's property.

The right of egress is the legal right to exit or leave a property. The right of egress is usually used in conjunction with the right of ingress, which means the legal right to enter a property. Ingress and egress rights are important to homeowners since they allow access to their property.

Basically, the person or party using an easement, known as an easement holder, has a duty to maintain it. Easement holders don't become owners of the land attached to their easements, though, and within limits the actual landowners retain most rights over it.

If an authority has an easement registered over your land, they have the right to access the easement to maintain or repair the easement land or their equipment on the land.

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New Jersey Easement regarding Driveway for Ingress and Egress