Easement in New Jersey
State-specific overview · Property & Real Estate
New Jersey enforces easements by prescription after twenty years of open, continuous, and adverse use.
How New Jersey treats Easement
New Jersey requires twenty years of open, continuous, and adverse (without permission) use to establish an easement by prescription. Easements created by express written agreement must be recorded to bind future owners. New Jersey recognizes easements by necessity when landlocked property has no other access. The state also enforces implied easements based on prior use patterns, particularly for utilities and access roads on subdivided properties.
The general definition of Easement
The right to use someone else's land for a specific purpose, like crossing it or running utilities.
An easement gives one person or entity the legal right to use another person's property in a limited way. For example, a utility company might have an easement to run electric lines under your yard, or a neighbor might have an easement to cross your land to reach their property. The property owner still owns the land but cannot prevent the easement holder from exercising their right.
Read the full Easement entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in New Jersey.