Easement NJ

[HOPESMILE]

We recently purchased a home in Hopewell, NJ 6 months ago and found that there is an easement by a neighbor on our property. The issue is that they use it as their driveway and we pay relatively high property taxes on this, while the neighbor uses it. There is no mention of the easement in the deed or survey. Is there any way to require the neighbor to pay for the use of the easement?

 

[HuAi]

How do you know the neighbor has an easement? Does he have any documents to back it up? Have you read them?

 

[drewguy]

If the person has a valid easement then no, you cannot get them to pay for it. They already did in the form of a higher property price.

Depending on how assessments are conducted and the facts of your property, you may be able to use the easement as a basis for claiming that your land is less valuable. E.g., if you have 1/4 acre, then it is somewhat less valuable than 1/4 acre without an easement. By how much? Who knows.

 

[154NH773]

How do you know the neighbor has an easement?

I'll second that comment.

In my town (not NJ) there is no (zero) value to land used as a road. Owners of easements benefiting someone else may ask for a deduction in their property taxes equivilent to the taxable value per square foot.

 

[KingFahad]

The answer is NO.