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.
The Matus Law Group is an experienced team of attorneys who can help you and your family plan for life, protect and care for loved ones with special needs, cope effectively with disability and death, and preserve inheritances for future generations.
Matus Law Group - Monmouth County
125 Half Mile Rd Red Bank, NJ 07701
January 19, 2023 – New Jersey Guardianship Attorney Christine Matus Explains Guardianship for People with Disabilities
January 09, 2023 – Ocean County Estate Planning Lawyer Christine Matus Explains the Difference Between a Will and a Trust
December 28, 2022 – New Jersey Estate Planning Attorney Christine Matus Explains the Different Types of Wills
December 22, 2022 – New Jersey Trust Lawyer Christine Matus Discusses Whether an Irrevocable Trust is Protected From Medicaid
December 19, 2022 – New Jersey Estate Planning Lawyer Christine Matus Explains How to Become a Health Care Proxy
December 16, 2022 – New Jersey Estate Planning Attorney Christine Matus Discusses the Powers of Attorney in Estate Planning in NJ
December 12, 2022 – New Jersey Real Estate Attorney Christine Matus Explains the Importance of Having a Lawyer in Real Estate Transactions
December 09, 2022 – New Jersey Real Estate Lawyer Christine Matus Explains Who Pays the Closing Costs in an NJ Real Estate Transaction
December 08, 2022 – New Jersey Real Estate Attorney Christine Matus Explains Who Pays the Mansion Tax
December 07, 2022 – NJ Real Estate Lawyer Christine Matus Discusses Mansion Tax and Who Pays for Mansion Tax in New Jersey