Easement issue, not sure of my rights of usage.

[the mike]

What is the name of your state (only U.S. law)? NJ

OK, so short story long: I bought my house from family when my great-aunt passed away in 2004. Being young, I was unaware of the results of the survey and just wanted to be done with all the BS from having to pay off the rest of the family, and was a little lax in looking at all the paperwork fully. I had already been in the house for 5 years and it was easier to buy it out than move all my stuff.
A few years after I bought it(2006 I believe), the neighbors father passed away and he took control of the property, a rental property with 4 units. Between our 2 properties there was a wooden stockade fence. This fence was subsequently taken down without notification. My problem is there is an easement between the 2 properties because the property line is too close to my house. When I bought the house I assumed this easement was my back yard since it was fenced in(finished side of the fence facing my house) and was almost positive he had no right to take the fence down. It was then that the easement was brought to my attention. After doing some deed searches, we found the easement to have been created in either 1970 0r 1971 and was created after a sub-division. The fence was on a 1991 survey.
So I guess what I'm trying to find out is what are my rights to the easement? It's on my surveys, it's listed in my deed as my property(60' x 100') "together with a 20' x 100' easement". my wife and I want to replace the removed fence with a new vinyl privacy fence(we have a 2 year old now and the neighbors are scumbags).
We have been told by legal representation to "let it go, we could lose the easement all together". I don't find this answer acceptable, and a bit dismissive.

Any help or insight would be greatly appreciated.

mike

 

[justalayman]

Your rights to the easement are whatever they are defined to be in the creating document. That is something you will have to research.

Your description is not very clear as to who owns the land the easement is on.

It's on my surveys, it's listed in my deed as my property(60' x 100') "together with a 20' x 100' easement"

from that, it sounds like you have an easement on the adjoining property. That means they own the dirt while you are afforded whatever rights were granted when the easement was created. Unless it is an "exclusive" easement, you cannot exclude the servient tenant from using their land.You would be able to put a fence at your property line but you could not put a fence on the easement.


If the easement is on your land, you cannot block a dominant tenant from using the easement as their rights allow.

 

[the mike]

Your rights to the easement are whatever they are defined to be in the creating document. That is something you will have to research.

Your description is not very clear as to who owns the land the easement is on.




from that, it sounds like you have an easement on the adjoining property. That means they own the dirt while you are afforded whatever rights were granted when the easement was created. Unless it is an "exclusive" easement, you cannot exclude the servient tenant from using their land.You would be able to put a fence at your property line but you could not put a fence on the easement.


If the easement is on your land, you cannot block a dominant tenant from using the easement as their rights allow.

He owns the land, but the easement is listed on my deed. Apparently when the property was split, it was done so as to follow existing block/lot measurements. This put the property line too close to the existing structure(and right through my back porch, incidentally). No one at the township can tell me any more as to what the original verbage on the easement creation was.
As far as using the land, the property owner does not live in the property, it is strictly a rental property. He tried to say it was his property and he was paying taxes on it, but his taxes are based on rental income not on square footage. He wanted me to turn the shed that was in my "back yard" around so he could use it. I don't necessarily want to block him off the property, but if he thinks he, or his tenants, can just stroll within feet of my bedroom window, he has another thing coming.

 

[justalayman]

As far as using the land, the property owner does not live in the property, it is strictly a rental property

.irrelevant. It is his property to do with as he chooses as long as he does not restrict your rights

He tried to say it was his property and he was paying taxes on it, but his taxes are based on rental income not on square footage.

it is his property, regardless

He wanted me to turn the shed that was in my "back yard" around so he could use it.

I don't know anything about your shed. If it is on his property, I suggest you might want to remove it from his property.

I don't necessarily want to block him off the property, but if he thinks he, or his tenants, can just stroll within feet of my bedroom window, he has another thing coming.

actually, it is you that has another thing coming. The land belongs to him so he or anybody he allows can walk on the property any time they choose, regardless of how close it is to your window. Again, your only salvation would be if the easement was "exclusive" to you. Unlikely but not impossible.


You have no right to block him from using his property. You have no right to control his use of his property. It is HIS property after all. You are the guest on his property actually. You have no more rights concerning the property as what the grant affords you. Now, you can put a fence on your side of the easement (your actual property line) if your local building codes would allow it. You do not have a right to put a fence on his property, including the easement.

No one at the township can tell me any more as to what the original verbage on the easement creation was.

You may need a real estate lawyer or title company to research the easement. Before you do that, I would go to wherever deeds are registered to see if there is a granting document recorded and attached to your deed (not yours specifically but to the the chain of deeds for your property). You may be able to find something in whatever office maintains records concerning subdivisions (plat maps) as you mentioned it appeared to show up in relation to a creation of a subdivision.

 

[154NH773]

The township probably cannot tell you anything. Deeds are kept at the county level in NJ.

You, as do many people, do not understand what an easement is. You should have researched all this before you spent money to get title to the property.

I agree with justalayman in what he has told you. You will need a professional to do a deed search specifically on the easement issue.

Although you say that you "did some deed searches", you were unable to determine exactly what the easement verbiage is. This is very important, and without it we are all just guessing.

I would not "let it go". What was the "legal" advice person basing that on?

 

[NC Aggie]

Yeah, as has been suggested, I think you need to determine what type of easement and the legal description that was granted in the easement.