This form allows for a non-exclusive easement for the purpose of entry to a certain property, by and through the property's driveway. 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.
An Elizabeth New Jersey Deed of Driveway Easement is a legal document that grants permission to one property owner allowing them to use a designated portion of another property owner's land for the purpose of accessing their property via a driveway. This easement ensures the right of the property owner to have a stable, uninterrupted means of entering or exiting their property. It is important to note that there can be different types of Elizabeth New Jersey Deed of Driveway Easements, each serving specific purposes. These may include: 1. Express Easement: This is the most common type of driveway easement, granted through a written and recorded document. It specifies the location, size, and permitted use of the driveway. 2. Implied Easement: In some cases, an easement may be implied if the use of the driveway has been consistently and openly used over time, even though there is no recorded document. This may arise from a long-standing practice or custom in the neighborhood. 3. Prescriptive Easement: Similar to an implied easement, a prescriptive easement arises when someone openly, continuously, and without interruption uses another person's driveway for a specific period of time (typically, 20 years in New Jersey) without the owner's consent. If the requirements are met, the right to use the driveway becomes legally enforceable. 4. Easement by Necessity: This type of easement is created when a property is landlocked, meaning it has no direct access to a public road. A court may grant an easement by necessity to ensure the property owner has a legal right to access their land. 5. Easement for Utilities: This type of easement is granted to utility companies to allow them access for the installation, maintenance, and repair of utility lines, such as water, gas, electricity, or telecommunications. This ensures the provision of essential services to the respective property. In Elizabeth, New Jersey, it is crucial for property owners and potential buyers to be aware of the type of easement related to driveways and understand the specific terms and conditions outlined in the Deed of Driveway Easement. Seeking legal advice and conducting a thorough review of the property records is highly recommended ensuring all parties involved understand their rights and responsibilities when it comes to driveway access.
