Is Homeowner Allowed to Create Eyesore on His Property if Part of It is on an Easement?

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“We live in New Jersey and have a 40-foot deeded necessary easement type right-of-way through a neighbor’s property. Lately he has begun parking large tractor-trailer size vehicles for long periods of time to one side of the easement.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Although it’s an eyesore, it doesn’t impede our ability to get to our home as our driveway is much narrower than 40 feet.  Is this permitted by law, and if so, will it have any effect on the conditions of the easement? I would rather know what my rights are before I approach him about this.”

If your neighbor is not interfering with your use of the easement, then he is probably not in violation of the easement agreement.  It wouldn’t hurt to review the actual easement document to be sure, but normally the land owner has the right to use the easement area in any manner that doesn’t unreasonably interfere with the easement owner’s use.

If you’re concerned about possible future use, that might be getting beyond what can be answered without consulting with an attorney.



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Author: House Attorney

A house attorney has answered this question.