Bergen, NJ asked in Real Estate Law for New Jersey

Q: Does an easement expire when property is sold to other then a family member. Is there a time limit for its use.

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1 Lawyer Answer
Jake Causing Santos
Jake Causing Santos
  • Mount Olive, NJ
  • Licensed in New Jersey

A: It depends on whether the easement was recorded in a document filed with the County Clerk. It depends on whether the easement is necessary for the new owners to be able to enjoy use of the land. For example, if the easement grants use of a road across a neighbor's property to get to the new owners property and the new owner's property is landlocked, then the easement is necessary to be able to get to the landlocked land. Some easements are effective only as long as they are actually being used. Other easements can be forever. This question is too complicated to be answered without a thorough review of the specific facts and any relevant deeds and documents pertaining to this case.

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