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

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next door. It was created...
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: 1 year ago.Category: Real Estate Law
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6/4/2016
Real Estate Lawyer: legalgems, Arbitrator replied 1 year ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 10,848
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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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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.

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Real Estate Lawyer: legalgems, Arbitrator replied 1 year 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:
http://apps.americanbar.org/legalservices/lris/directory/

Should you have further questions please post here; otherwise kindly

--- Rate Positively---
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Thank you and take care!

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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