Boundary Line and Easement Disputes: Protecting Your Property Rights in New Jersey
Disagreements over property lines are common in New Jersey and can quickly escalate into a serious legal conflict. Whether a neighbor is encroaching on your land, blocking access to a shared path, or disputing the terms of an easement, property boundary issues can affect the value and use of your real estate for years to come.
Our Red Bank real estate lawyer explains how New Jersey law addresses these disputes and ways to protect your property rights.
Understanding New Jersey Boundary Line Disputes
New Jersey boundary disputes often arise when property owners disagree about the location of a property line. These conflicts are more common than many homeowners expect, particularly in areas where older deeds contain vague or outdated descriptions or surveys.
Recorded deeds, surveys, and plat maps legally establish property boundaries. The New Jersey Department of Community Affairs advises that the most common causes of disputes are:
- Outdated or conflicting legal descriptions in property deeds.
- Fences, walls, or structures built over the actual boundary line.
- Landscaping or improvements that encroach on a neighbor’s land.
- Discrepancies between older surveys and current property records.
- Adverse possession claims based on long-term use of disputed land.
The legal doctrine of adverse possession allows you to claim ownership of land that you have used openly and continuously for a specified period. Under New Jersey law, that period is generally 30 years. Get legal help to determine whether this doctrine applies to your situation.
Common Issues With New Jersey Easements
Easements are legal arrangements that allow one party to use another’s land in a specific, limited way, whether for utility access, a shared road, or a path to a neighboring lot. When someone questions the existence, location, or permitted use of that arrangement, disputes can become surprisingly complicated.
New Jersey recognizes multiple forms of easements. Express easements are those included in recorded deeds, implied easements develop from longstanding patterns of use, and easements by necessity arise when someone cannot otherwise access the property. Issues that surface most often in disputes include:
- Whether the deed contains a properly recorded and valid easement.
- Disputes over the permitted scope or use of an existing easement.
- Interference with an easement by the property owner.
- Abandonment or termination of an easement over time.
- Conflicts between easement holders and new property owners.
Resolving boundary and easement disputes often begins with obtaining a current survey and reviewing all recorded documents related to the property. In some cases, negotiation or mediation can resolve disputes. When that is not possible, litigation may be necessary to establish your rights and obtain a court order.
Request a Consultation With Our Experienced Red Bank Real Estate Lawyer
Property disputes can be complex, time-sensitive, and financially significant. At Sanvenero & Cittadino Law Office, our Red Bank real estate lawyer works with property owners to resolve boundary line and easement conflicts efficiently and effectively under New Jersey law.
To request a consultation, contact our office today. We represent property owners in Shrewsbury, NJ; Monmouth County, NJ; Central New Jersey; and throughout New Jersey.
Sources:
nj.gov/dca/codes/offices/ari.shtml
njleg.state.nj.us/bill-search/2020/A368/bill-text?f=A0500&n=368_I1