New Jersey Grant of Easement for Light and Air

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Multi-State
Control #:
US-01170BG
Format:
Word; 
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Description

Easements for light, air, view, and solar easements may be created by conveyance, reservation in a deed, or by agreement. In the absence of such an easement, the owner of land has no legal right to have light and air unobstructed by buildings on the adjoining land. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Also referred to "continuous trespassers' rights," the legal theory of adverse possession allows someone who has publicly inhabited and improved an otherwise neglected parcel of property to gain title after a certain amount of time has passed.

An easement is an interest in land owned by another consisting of the right to use or control the land (or a part of the land) for a specified, limited purpose. Most commonly, easements are granted for utility companies to and maintain their power, water, or cable lines.

Legal Obligations: The easement owner has both the right and the obligation to maintain the easement in a safe condition to prevent injury to third parties using it. Implied Right of Entry: The easement owner has an implied right to enter the servient tenement for the purpose of performing necessary repairs.

Generally, it is the duty of the dominant estate to maintain and repair the easement. Likewise, the dominant estate must make the necessary repairs to prevent the dominant estate from created an annoyance or nuisance to the servient estate.

The termination of an easement that occurs when the person or entity who holds the easement acquires title to the servient tenement or when the same person attains ownership of both the dominant tenement and the servient tenement.

In New Jersey, easements can be created by prescription or extended use over a long time period. For example, if your neighbor can show that they have been using your roadway to access their landlocked piece of real estate for years, they may acquire an easement.

The New Jersey Historic Trust has accepted easements from private property owners, non-profit organizations, and municipalities. An easement places certain restrictions on a property in perpetuity, and conveys the right to enforce these restrictions to a qualified organization such as the New Jersey Historic Trust.

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New Jersey Grant of Easement for Light and Air