New Jersey real estate lawyer Christine Matus (https://matuslaw.com/what-are-easements-in-real-estate/) releases a new article explaining the meaning of easements in real estate. The lawyer mentions that although easements are a key part of the New Jersey property law system, they can come as an unpleasant surprise. It can be a surprise if a person buys a home or commercial real estate and discovers that they don’t have total control of the new property.
According to the New Jersey real estate lawyer, “An easement is a nonpossessory right for another party to use your land for a specific purpose. In other words, they don’t own it, but they have the right to use it for designated obligations or purposes. This right remains in effect even if the property is sold.”
The lawyer further adds that one common example of easements includes adjacent property owner rights that would allow a neighbor to access a shared driveway or go across another person’s property. Another example is municipal easements that give the municipality the right to maintain or install services to a person’s lot or subdivision.
Attorney Christine Matus adds that easements can be created by prescription or extended use over a long time period. These easements can restrict a person’s ability to add an extension, have a garden, or build a backyard patio. If the person doesn’t comply with the access requirements, they may be legally obligated to undo their obstruction at their own expense.
In the article, the lawyer says that the best time to deal with easement issues is before a person buys the property. By conducting a title search, most easements will show up. If the seller can’t or won’t discharge it, the buyer may be able to decide if they want to continue with the purchase agreement or not.
According to attorney Christine Matus, “Easements can be terminated by expiration of their designated term or abandonment. There are other options, like acquiring your neighbor’s land (when adjacent property owner rights create the easement), but they can be expensive and complicated. You will definitely want to speak with a New Jersey real estate attorney about the impact of an easement on a property you own or are thinking about purchasing.”
Lastly, the lawyer emphasizes the importance of having a skilled estate planning lawyer. Having an experienced attorney may be able to help the family understand their rights and ensure that the assets are distributed according to the owner’s wishes.
About the Matus Law Group
The Matus Law Group has a team of estate planning attorneys who are committed to helping families and individuals in real estate transactions in New Jersey and New York. Through a team approach, they work hard to help their clients with their estate planning needs. Call The Matus Law Group today at (732) 785-4453.
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