New Jersey Non-Exclusive Roadway Right of Way: Explained In New Jersey, the non-exclusive roadway right of way refers to an easement granted to property owners alongside a public road. This right of way allows landowners to access and use a portion of the public roadway for specific purposes without hindering the public's right to use the road. Understanding the intricacies of the non-exclusive roadway right of way is essential for property owners, municipalities, and individuals involved in road maintenance and development. Keywords: New Jersey, non-exclusive, roadway right of way, easement, public road, property owners, access, use, purposes, hindering, public, understanding, intricacies, municipalities, road maintenance, development. Different Types of Non-Exclusive Roadway Right of Way in New Jersey 1. Driveway Access Easements: One common type of non-exclusive roadway right of way is the driveway access easement. This allows property owners to have a designated entrance and exit point from their land onto a public road. Property owners are typically granted a specific area near the roadside to construct and maintain their driveway, ensuring safe and convenient access to their property. 2. Pedestrian and Bicycle Pathways: New Jersey also designates non-exclusive roadway right of way for the creation of pedestrian and bicycle pathways. These paths provide safe routes for pedestrians and cyclists, separate from regular vehicular traffic. They contribute to safer transportation options, promote physical activity, and enhance the overall accessibility and community connectivity. 3. Utility and Infrastructure Access: Non-exclusive roadway right of way is also granted to utility companies and municipalities for the installation, maintenance, and repair of essential infrastructure. This may include gas pipelines, water supply lines, electric cables, and other service connections. This easement ensures uninterrupted access to underground and overhead utility lines, reducing the need for disruptive digging or roadside construction. 4. Scenic and Green Spaces: New Jersey acknowledges the importance of preserving scenic and green spaces for public enjoyment and environmental conservation. Non-exclusive roadway right of way can be designated for the creation and preservation of scenic or landscape buffers alongside public roads. These areas may include trees, shrubs, flowers, or other natural features that enhance the roadside aesthetics and contribute to a healthier ecosystem. 5. Emergency Vehicle Access: Ensuring unobstructed access for emergency vehicles is crucial for public safety. A non-exclusive roadway right of way can be designated to allow emergency services, such as fire trucks and ambulances, to navigate efficiently through densely populated areas. This clear passage enables prompt response times during emergencies and is vital for safeguarding lives and properties. Understanding the various types of non-exclusive roadway right of way in New Jersey is vital for property owners, town planners, and individuals involved in road infrastructure and planning. These designations aim to balance the needs of private property owners while ensuring public access, safety, and the overall improvement of infrastructure and urban spaces across the state.
New Jersey Non-Exclusive Roadway Right of Way
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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.
An easement once granted may be ended by merger. Under the merger doctrine, an easement will terminate when the dominant and servient estates become vested in one person. To satisfy this, there must be a complete unity of the dominant and servient estates, meaning that one person or entity owns the entire plot of land.
Right Of Way (ROW): Land owned or to be acquired by NJDOT for highway purposes.
An easement once granted may be ended by merger. Under the merger doctrine, an easement will terminate when the dominant and servient estates become vested in one person. To satisfy this, there must be a complete unity of the dominant and servient estates, meaning that one person or entity owns the entire plot of land.
An easement is recorded in deed form in the county land records. After the easement is recorded, a Historic Trust representative will inspect the property periodically--usually once a year--in order to ensure that the terms of the easement are upheld.
Easements in New Jersey can be established in various ways, often involving legal procedures. Express easements are contractual and require signatures from both dominant and servient tenements. These are usually recorded with property deeds. Dealing with easement issues is best done before purchasing property.
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.
Dominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate.
