New Jersey Surface Use Agreement (Where Lands are Currently in Use)
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How to fill out Surface Use Agreement (Where Lands Are Currently In Use)?
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FAQ
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.
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.
By voluntarily limiting some of these activities, a conservation easement allows a landowner to retain private ownership while also achieving other goals, like protecting a farming or ranching operation, preserving open space or conserving habitat for wildlife.
New Jersey protects wetlands under the New Jersey Freshwater Wetlands Protection Act. This law also protects transition areas or "buffers" around freshwater wetlands. Before you invest in any activity within 150 feet of wetlands you should contact the NJDEP to see if wetland restrictions exist on the land.
Drawbacks Of Conservation Easements Most conservation easements are permanent and bind all future landowners (including heirs). Conservation easement holders and farmers may not always share a common vision. Conservation easements can reduce the property's overall value, making the land worth less for future sales.
A surface use agreement, which is also sometimes referred to as a land use agreement, is an agreement between the landowner and an oil and gas company or an operator for the use of the landowner's land in the development of the oil and gas.
A conservation easement is a legal agreement between a landowner and a land trust or government agency, that permanently limits uses of the land in order to protect its conservation values. It allows landowners to continue to own and use their land, and they can also sell it or pass it on to heirs.