My question involves real estate located in the State of: New Jersey
Hey everyone and thanks in advance for any help or insight that may come from this post.
We own a home that is at the end of a 200x60 foot easement that was installed for access to the property when the developer built it (it is recessed behind a house on the main street in the woods). We are the only house on this easement and there are no other points of entry to our property but this easement.
The neighbors that used to live around the lot that was purchased were very upset that the land was purchased for development and because of connections they had with the town, got it zoned as "Green Acre" land without us even knowing this was going on until the actual signs were put in the ground on either side of the easement. At the end of this easement is woods and nothing else (no parks or "recreational" areas).
In the resolution the developer signed with the town it states that while the town owns the 200x60 foot easement we have to maintain it (this includes snow removal which they used to do for us until the neighbor complained).
My question is this, if this easement is for emergency vehicles and is owned by the town, why wouldn't they have to maintain it? Let's say a tree fell during a blizzard and knocked out some power lines causing an electrical fire in the home and because of the storm and the snow on the ground that the town refused to plow a fire truck or ambulance couldn't access our home, who would be liable? Couldn't the town get sued seeing as we pay property tax for those emergency service and because they couldn't get those vehicles down there our house burns down or someone can't get to the hospital? Furthermore, since it's town owned what if someone slipped and fell on it in the winter because we didn't get out and shovel it. Are we liable for that injury that occurred on public property? It just seems odd that the town would leave themselves open to that kind of liability. Any insight would be greatly appreciated.
Hey everyone and thanks in advance for any help or insight that may come from this post.
We own a home that is at the end of a 200x60 foot easement that was installed for access to the property when the developer built it (it is recessed behind a house on the main street in the woods). We are the only house on this easement and there are no other points of entry to our property but this easement.
The neighbors that used to live around the lot that was purchased were very upset that the land was purchased for development and because of connections they had with the town, got it zoned as "Green Acre" land without us even knowing this was going on until the actual signs were put in the ground on either side of the easement. At the end of this easement is woods and nothing else (no parks or "recreational" areas).
In the resolution the developer signed with the town it states that while the town owns the 200x60 foot easement we have to maintain it (this includes snow removal which they used to do for us until the neighbor complained).
My question is this, if this easement is for emergency vehicles and is owned by the town, why wouldn't they have to maintain it? Let's say a tree fell during a blizzard and knocked out some power lines causing an electrical fire in the home and because of the storm and the snow on the ground that the town refused to plow a fire truck or ambulance couldn't access our home, who would be liable? Couldn't the town get sued seeing as we pay property tax for those emergency service and because they couldn't get those vehicles down there our house burns down or someone can't get to the hospital? Furthermore, since it's town owned what if someone slipped and fell on it in the winter because we didn't get out and shovel it. Are we liable for that injury that occurred on public property? It just seems odd that the town would leave themselves open to that kind of liability. Any insight would be greatly appreciated.
Maintenance and Repair: The Town Owns the Easement, Yet We Have to Maintain It
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