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legalgems, Arbitrator
Category: Real Estate Law
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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: 4 months ago.
Category: Real Estate Law
Expert:  legalgems replied 4 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.

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Expert:  legalgems replied 4 months ago.

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