How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask legalgems Your Own Question
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 9387
Experience:  Just Answer consultant at Self employed
Type Your Real Estate Law Question Here...
legalgems is online now
A new question is answered every 9 seconds

I have an easement between me and the owners of the property

Customer Question

I have an easement between me and the owners of the property next door. It was created alowing the neighbor use of 5 feet of my land. The neighbor went into foreclosure and the property was bought. My question is do I have the right to terminate the easement and recover my land. The new owners state that the easement can't be terminated. I live at*****Union nj 07083. Union county easement deed 191868 or 19186B.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  legalgems replied 11 months ago.

One would need to determine if it is an appurtenant easement which goes with the land, or an easement in gross, which is assigned to a particular person.

Easement in gross do not transfer to the new owner.

Generally most easements are appurtenant.

The court will look to any writing (contractual, contained in the deed) and the circumstances surrounding the situation to determine what type of easement was intended.

If it is recorded it is generally appurtenant.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you.

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 11 months ago.

Thank you for using Just Answer.
I hope the information provided was useful.

Here is a link to the bar association's legal referral site:

Should you have further questions please post here; otherwise kindly

--- Rate Positively---
so the site credits me for assisting you.

Thank you and take care!