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  1. Civil Procedure Issues: Can You Recover Lawyer Fees from a Property Dispute

    My question involves court procedures for the state of: New Jersey

    Hello. My neighbor and I have had a falling out recently over the use of my property to which he has a ingress/egress easement...
  2. Land Use and Zoning: Re: What to Do About Zoning Officer Not Enforcing Ordinances - Right to Farm Fraud

    Interesting info on selective enforcement. This issue has been going on for about 1 1/2 years, and thru 3 different zoning officers, old one, temporary one and current one. The old zoning officer...
  3. Land Use and Zoning: Re: What to Do About Zoning Officer Not Enforcing Ordinances - Right to Farm Fraud

    Our township has been wrapped up in a multimillion dollar lawsuit where the town tried to use eminent domain to take land from a small local airport to prevent expansion, 10 years now and lost many...
  4. Land Use and Zoning: How to Get a Local Government to Properly Enforce an Ordinance

    State of NJ

    Hello all. I am in the middle of what seems to be a never ending battle between my neighbor and the town. The short version is my neighbor is trying to hide his commercial excavation...
  5. Maintenance and Repair: Re: Who Decides when and How to Maintain Easement

    the original deeds in the 1930s where the large farm was divided into 3 properties, 2 on road, 50' driveway in middle to rear 3rd lot. I am rear 3rd lot. all deeds read similar, meets and bounds...
  6. Maintenance and Repair: Re: Who Decides when and How to Maintain Easement

    Thanks all for the help. I have no desire to pave, too costly and my neighbors commercial trucks would wreck it. I just wish to gravel, snow plow, grade etc.

    One last thing, do I need to provide...
  7. Maintenance and Repair: Re: Who Decides when and How to Maintain Easement

    The agreement is written and signed by previous owners and filed in county. its legit.

    Both neighbors use almost all 800ft, maintenance agreement just says we equally share cost of 800ft, I am...
  8. Maintenance and Repair: Who Decides When and How to Maintain Easement

    My question involves real estate located in the State of: New Jersey

    Hello. I own a 50x800ft strip of land my driveway is on to get to my residence which is landlocked. My two neighbors who have...
  9. Maintenance and Repair: Re: Small Claims Proof for My Time/Labor Easement Maintenance

    Thanks for the replies. I have a copy of the original deeds, easement, and the maintenance agreement was recorded. it does bind successors/hiers etc. Ok so I cant recover my time or equipment use....
  10. Maintenance and Repair: How to Recover Labor Costs for Maintaining a Shared Easement

    My question involves court procedures for the state of: New Jersey

    Hello. I own a piece of property in which I reside. I have a flag lot and a long driveway. I have 2 neighbors that have an...
  11. Easement Use and Enforcement: Re: Can a Servient Estate Construct a New Entrance on a Right of Way

    I fully understand jk and normally I would not be looking to contest this however my neighbors plans are not on the up and up. My issue with this is he has a history of causing damage to the road,...
  12. Easement Use and Enforcement: Re: Can a Servient Estate Construct a New Entrance on a Right of Way

    there arte 2 separate documents. the deed where we acquire the lower road just says we acquire 'specific meets and bounds' ie lower road. easement revoke says our property simply revokes easement...
  13. Easement Use and Enforcement: Re: Can a Servient Estate Construct a New Entrance on a Right of Way

    I agree this is getting a bit long, but I have to say everyones thoughts are extremely helpful to me. If push comes to shove we will certainly seek the help of a real estate attorney but I just...
  14. Easement Use and Enforcement: Re: Can a Servient Estate Construct a New Entrance on a Right of Way

    Alright so we are back to the ROW which I figured when we bought. The kicker is our title company never told us about the easement, only the maintenance agreement.

    when the single owner sold our...
  15. Easement Use and Enforcement: Re: Can a Servient Estate Construct a New Entrance on a Right of Way

    budwad, the upper half which is no longer part of us was the part where the ROW was revoked, not the lower part. We own the lower part an my neighbors use it.

    jk, there is no recorded document or...
  16. Easement Use and Enforcement: Re: Can a Servient Estate Construct a New Entrance on a Right of Way

    Thanks. But to be clear just in case the original 1500ft length of the driveway was cut in half 1998, upper half ROW revoked in document so as to become a part of a separate development and lower...
  17. Easement Use and Enforcement: Re: Can a Servient Estate Construct a New Entrance on a Right of Way

    thanks budwad and jk.

    I spend a few hours at the county records dept and traced the deed trail for all lots around me.

    Mine:
    8/15 - my deed to buy house, no mention of any ROW or main...
  18. Easement Use and Enforcement: Re: Can a Servient Estate Construct a New Entrance on a Right of Way

    thanks. I am going to the county and town records this morning to get past deed histories of all the lots so as to trace the origins of any legal ROWs.

    "wereas Person A,B,C, desire to enter into a...
  19. Easement Use and Enforcement: Re: Can a Servient Estate Construct a New Entrance on a Right of Way

    thanks.. obviously not want I want to hear. So to avoid misinformation here is the agreement word for word:


    driveway maintenance agreement

    this agreement is made this X day of XX 1998 by...
  20. Easement Use and Enforcement: Re: Can a Servient Estate Construct a New Entrance on a Right of Way

    Thanks jk. I more or less get that. So that leaves a big gray area imo. I figure with ROW it would be reasonable for a car to pass on the gravel portion but not in the drainage ditch, reasonable...
  21. Easement Use and Enforcement: Re: Can a Servient Estate Construct a New Entrance on a Right of Way

    humm. I don't know if that exists, I will call and ask. The 50' access strip was previously owned by a different lot and sold to our lot in 1998. There was 4 lots, 2 on left 2 on right. Back left...
  22. Easement Use and Enforcement: Re: Can a Servient Estate Construct a New Entrance on a Right of Way

    jk, thanks. the 'driveway maintenance agreement' as it is called is recorded with the county and my deed states 'subject to it' so I figure its legit and I cant retract it. There where no other...
  23. Easement Use and Enforcement: Can a Dominant Estate Construct a New Entrance on a Right of Way

    My question involves an easement in the state of: New Jersey

    First, great forum, thanks.

    Now I just recently purchased 11acres in NJ. It is a flag lot and we are behind 2 neighbors (person A...
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