Jersey City New Jersey Right of Way Easement

State:
New Jersey
City:
Jersey City
Control #:
NJ-EAS-1
Format:
Word; 
Rich Text
Instant download

Description

For the purpose of improving the County road adjacent to premises owned by the grantor.


An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.

A comprehensive understanding of the right of way easement in Jersey City, New Jersey is crucial for property owners, developers, and anyone involved in real estate transactions within the city. A right of way easement refers to a legal right granted to an individual or entity permitting the authorized and unrestricted use of a specific portion of another person's property for a designated purpose. It essentially grants access or passage through another person's land, ensuring the smooth flow of traffic or utilities. In Jersey City, there are several types of right of way easements that one might encounter. The most common types include: 1. Public Right of Way Easements: These easements are typically established by the government for public use, such as roads, sidewalks, or pathways. They ensure that individuals have unobstructed access to public areas and amenities. Examples of public rights of way in Jersey City may include roads like Grand Street or Montgomery Street. 2. Utility Easements: Utility companies, such as gas, electricity, telephone, or water providers, require easements to install, maintain, and access their infrastructure. These easements provide them with the legal right to enter private properties for utility line installations, repairs, or inspections. Utility easements in Jersey City are common along major streets and residential areas. 3. Private Easements: Private right of way easements are established through legal agreements between adjoining property owners. They allow one property owner to travel across another property to reach their own property, a shared driveway, or a separate piece of land. Private easements are often found in residential areas with shared accesses, such as driveways or pathways leading to backyards or parking lots. 4. Pedestrian Easements: Pedestrian right of way easements ensure safe pathways for pedestrians while maintaining proper access to public areas. These easements are common in densely populated areas of Jersey City, such as near schools, parks, or commercial districts, to ensure that residents can walk safely and conveniently. It is important to note that the specifics of right of way easements, including their size, purpose, restrictions, and maintenance responsibilities, can vary. It is always advisable to consult with a qualified real estate attorney or title professional to understand the intricacies of any specific easement associated with a property in Jersey City, New Jersey.

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FAQ

An easement, right of way or profit can be expressly released by deed. Once this has been done then it is extinguished and cannot be revived. An easement, right of way or profit can be sometimes impliedly released by the owner's actions or in rare cases by the owner's inaction.

A private right of way allows someone to pass and re-pass by foot and/or in a vehicle across land owned by someone else. It is a form of legal right known as an easement. Easements can be created by express grant in a deed of grant, a conveyance or transfer.

It is well-established that a gate can be erected across a right of way (Pettey v Parsons (1914)) and such a gate can even have a lock (Johnstone v Holdway (1963)); the question for the court is whether the gate amounts to a substantial interference with the convenient use of the right of way compared with the

What is the State's minimum right-of-way width? The NCDOT requires 45 feet for local subdivision roads. Collector roads require 50 feet; five lane highways require 80 feet and cul-de-sacs must have a 50 foot right of way radius.

A conservation easement is a private legal agreement between a landowner and a land trust, such as the Land Trust of Virginia, that protects land and its conservation values permanently.

A recent case has clarified that you cannot put a gate across a public right of way, even across part of it, if that puts people off using it. The Barcroft Lane case was an important landmark judgement and you can read more about it here. How wide does a path have to be?

The owner of a property subject to an easement may maintain gates over the easement if the servient owner is being subjected to a greater burden than that originally contemplated by the easement.

For example, as long as an ingress and egress easement does not state that the easement holder has unobstructed access or an ?open way,? the owner of the servient estate may put in fences and gates over the easement area.

Right of way is the land required to construct, maintain and operate a highway properly. DOES THE STATE HAVE THE RIGHT TO TAKE MY PROPERTY? Yes; however, Article 3, Section 9 of the Constitution of West Virginia provides that private property will not be taken or damaged for public use without just compensation.

One issue that comes up from time to time is whose responsibility it is to maintain an easement. The short answer is ? the owner of the easement is responsible for maintaining the easement.

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Learn about Easements and land use law on New Jersey today. Purchased all the lots in a block in Jersey City.STATE OF NEW JERSEY. }ss. An easement is basically the right to use land that isn't yours for some purpose. – Examples: Driveway easement, beach access over. And incorporated in the official copies of the Jersey City Code. United States. Congress. Senate. Committee on Appropriations. IN THE PUBLIC RIGHTS-OF-WAY.

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Jersey City New Jersey Right of Way Easement