New Jersey Easement and Right of Way (For Electrical Transmission Lines - Short Form)
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FAQ
An easement is a nonpossessory right for another party to use your land for a specific purpose. In other words, they don't own it, but they have the right to use it for designated obligations or purposes. This right remains in effect even if the property is sold.
The State of New Jersey owns in fee simple all lands that are flowed by the tide up to the high-water line and claims ownership of those formerly flowed tidelands as delineated on the Tidelands Claims Maps.
A transmission line usually is centered in the right-of-way. The width of a right-of-way depends on the voltage of the line and the height of the structures, but can be 75 to 150 feet or more depending on the type of facilities planned for or located on the right-of-way.
In New Jersey, private property includes not only residential property but also streets inside gated communities and apartment complexes along with parking garages and parking lots adjoining shopping centers and other commercial locations.
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.
When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).
Right: A real estate interest in a property (e.g. access, drainage, slope, etc.) Right Of Way (ROW): Land owned or to be acquired by NJDOT for highway purposes.