Quote:
Originally Posted by ossiblue
A quick look into New Jersey easement laws doesn't look good for owner of property C if there is no written, recorded easement known as an Express Easement. From the OP, it doesn't sound like this applies.
A Prescriptive Easement would only apply if the driveway was used by C for over 20 years without the permission of owner B--current or former. From the post, that does not appear to work as the driveway and garages were being shared.
Quasi-easement by Implication would apply only if property B and C had shared the driveway and property B and C had been owned by the same owner or both B and C had partial ownerhsip. This isn't the case as B and C had been deeded to different individuals prior to the building/use of the driveway.
That leaves Easement by Necessity. However, this requires that property C was separated from B, and is only accessible by an easement across B, meaning C is completely landlocked by B. This does not appear to be the case either.
My understanding is these were always three separate properties with three separate owners. The three properties were developed under three separate owners. The creation of the driveway was, apparently, done by mutual agreement between two separate owners and without an express easement. That being he case, under NJ law, owner C has no easement claim to the driveway.
I'm not a lawyer so the above is worth as much as my law degree. Talk to a NJ real estate lawyer as there may be some nuance that may help out owner C.
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On the deeds no easements are recorde. Info today revealed there may be separate easement recordings so the title company is researching both properties.
Attached is a similar driveway garage situation as described. This is not the property in question. Just a similar driveway/ garage.
