My question involves real estate located in the State of: New Jersey
A developer has received site plan approval that will misuse/abuse an ingress-egress access easement he has across our property (private right-of-way driveway).
The problem is, the easement is for Lot A, but he also purchased adjacent Lot B (adding about 1/3 more property). He then merged the two lots via consolidation deed, so lots A and B are now considered Lot A for tax map purposes.
There is no language in the original easement permitting extension of the easement access benefit to any additionally acquired, expanded or annexed parcels (i.e. Lot B). However, he intends to give access benefit across our property to new housing units and to their parking lot which he plans to construct on the Lot B portion of the land.
This appears to be a very significant abuse of the easement, which seems to have solid case law prohibiting, and from what I've read, may be grounds for termination of the easement if the two properties can't be separated (the building units will span both lots and can't be separated).
So my question is, how to proceed to stop this abuse from happening? Does this have to be litigated or is there an easier way to stop this apparent abuse of the easement and trespass on our property?
Again, the easement terms give no permission to extend benefit to a nondominant land.
Please let us know your thoughts on how you might approach this issue in a way that avoids litigation if at all possible.
A developer has received site plan approval that will misuse/abuse an ingress-egress access easement he has across our property (private right-of-way driveway).
The problem is, the easement is for Lot A, but he also purchased adjacent Lot B (adding about 1/3 more property). He then merged the two lots via consolidation deed, so lots A and B are now considered Lot A for tax map purposes.
There is no language in the original easement permitting extension of the easement access benefit to any additionally acquired, expanded or annexed parcels (i.e. Lot B). However, he intends to give access benefit across our property to new housing units and to their parking lot which he plans to construct on the Lot B portion of the land.
This appears to be a very significant abuse of the easement, which seems to have solid case law prohibiting, and from what I've read, may be grounds for termination of the easement if the two properties can't be separated (the building units will span both lots and can't be separated).
So my question is, how to proceed to stop this abuse from happening? Does this have to be litigated or is there an easier way to stop this apparent abuse of the easement and trespass on our property?
Again, the easement terms give no permission to extend benefit to a nondominant land.
Please let us know your thoughts on how you might approach this issue in a way that avoids litigation if at all possible.
Termination: Abuse of Access Easement by Benefitting a Nondominant Land
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