Tampa, FL asked in Real Estate Law and Land Use & Zoning for New Jersey

Q: I own 2 lots in NJ that are accessed only by a paper road there is no other access and the town won’t repair the road

The town refuses to repair road and won’t let me repair the road

The road is basically impassable and I can’t access my lots

Said road is listed on the tax maps as an

“Unimproved road”

I have no desire to merge the lots

The road is roughly 1 mile long and cost to improve to DOT spec would not be financially feasible for me

At the time I purchased the lots the title company contacted the township and they clarified that this road is the access to the lots

The township did say the road was vacated but they have no records to prove that

1 Lawyer Answer
Morris Leo Greb
Morris Leo Greb
  • Real Estate Law Lawyer
  • Rockaway, NJ
  • Licensed in New Jersey

A: You have raised several important questions which require more factual information as follows:

1) Possible merger of the lots

2) Confirmation that paper road is shown on a filed map

3) Cost of installing a road conforming to municipal requirements

4) Prescriptive easement rights.

Until these issues are explored, no cogent response is not possible.

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