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Easement

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POedowner

Junior Member
What is the name of your state (only U.S. law)? NJ
We have an "easement" behind our property that 3 of the 8 houses surrounding it *must* use for parking as there is no on street parking overnight in our borough. When I moved in 8 years ago I was told by several of the neighbors that they chose not to have the easement a thru-way.. and it has been this way for at least the 8 years I have been here and more likely close to 15 years. Today I recieved a summons to remove a railroad tie that had been in place to mark the end of the open part ( that which is open for the 3 families to use as parking) of the alley/easement... the reason stated that a snow plow couldn't get through... LOL!!! This has NOT been plowed since I have lived here... nor has it been maintained by the office of the boro from which I recieved the Summons... What are the rights of us 3 families to keep this as our parking area and not a right of way for just anybody to drive through?
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)? NJ
We have an "easement" behind our property that 3 of the 8 houses surrounding it *must* use for parking as there is no on street parking overnight in our borough. When I moved in 8 years ago I was told by several of the neighbors that they chose not to have the easement a thru-way.. and it has been this way for at least the 8 years I have been here and more likely close to 15 years. Today I recieved a summons to remove a railroad tie that had been in place to mark the end of the open part ( that which is open for the 3 families to use as parking) of the alley/easement... the reason stated that a snow plow couldn't get through... LOL!!! This has NOT been plowed since I have lived here... nor has it been maintained by the office of the boro from which I recieved the Summons... What are the rights of us 3 families to keep this as our parking area and not a right of way for just anybody to drive through?


**A: you need to read the recorded easement agreement.
 

POedowner

Junior Member
I am guessing that the Boro "owns" it but they do nothing for leaf or snow removal nor do they do any other kind of maintence such as putting down stone to absorb rain overflow.
 

HomeGuru

Senior Member
I am guessing that the Boro "owns" it but they do nothing for leaf or snow removal nor do they do any other kind of maintence such as putting down stone to absorb rain overflow.
**A: we do not give legal advice based on guesses. We provide advice based on facts.
 

justalayman

Senior Member
as HG alluded to, what is written is critical and will ultimately rule but even without that, based on your presumption of who owns the land; you are wrong, they are right, move the RR tie.

maybe it will get plowed then. If it doesn't, then you can holler at them for giving your the justification they now have to require you to move the blockade.
 

POedowner

Junior Member
Where would I find the Recorded Easement agreement... nothing was provided to me when I bought the property,,, Is this a matter of public record? Is it something that should have been disclosed to me upon purchasing.... the "alley" just past my property has grass now and even has a few shrubs as the owners of the other properties don't want cars on it either... myquestion is why noe after so many years is this an issue?
 

HomeGuru

Senior Member
Where would I find the Recorded Easement agreement... nothing was provided to me when I bought the property,,, Is this a matter of public record? Is it something that should have been disclosed to me upon purchasing.... the "alley" just past my property has grass now and even has a few shrubs as the owners of the other properties don't want cars on it either... myquestion is why noe after so many years is this an issue?
**A: start with looking at your title report and title docs. You may even have a survey that reflects the easement on the survey map. Or you may need to contact a title company to do the research and print a copy of the document.
Check with your neighbors, maybe they have something.
 

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