Easements in real estate can have significant implications for both buyers and existing property owners. New Jersey real estate attorney Christine Matus (https://matuslaw.com/what-are-easements-in-real-estate/) provides essential information on this subject in her article, “What are Easements in Real Estate?”, helping residents and prospective buyers across the state understand how these rights can affect land use and ownership. The discussion is particularly relevant in New Jersey, where various types of easements can arise through property deeds, long-term use, or legal necessity. These property rights can impact not only current land use but also future development plans and investment strategies.
In her role as a New Jersey real estate attorney, Christine Matus addresses the kinds of issues that can emerge from unclear or unexpected easements. Whether they are clearly recorded or hidden until uncovered during a title search, easements can significantly alter what a property owner is allowed to do with their land. As the article explains, these rights might include shared access pathways, utility company privileges, or municipal claims to maintain infrastructure. Christine Matus of The Matus Law Group emphasizes that understanding the scope and implications of these rights is an important step in real estate transactions and ownership.
According to New Jersey real estate attorney Christine Matus, “Because easements can affect property value, usage, and future plans, it’s crucial to understand how they function and what legal implications they carry.” Her article explains that easements are nonpossessory rights, meaning they grant access or usage to someone other than the property owner without transferring ownership. For example, a neighbor may have the legal right to use part of another’s driveway to access their own land, and this right remains even if ownership of either property changes. These legal arrangements, while common, can raise challenges when property owners seek to modify, build on, or landscape certain areas.
The Matus Law Group handles a range of real estate legal issues including easement disputes, land use matters, and property transactions. Christine Matus points out that some easements arise through prescriptive use, meaning that if someone uses a section of land continuously and visibly for at least 20 years, they may gain legal access rights. Other easements, such as those for utilities or access roads, are more formal and usually recorded in the property deed or discovered during a title review. Both types can restrict how property is used, even when such restrictions aren’t obvious to a new buyer.
These limitations can include prohibitions on construction, landscaping, or placing permanent structures over easement areas. Property owners who disregard these boundaries may face legal orders to remove or undo developments, potentially at significant personal cost. Christine Matus details how such limitations might prevent additions like patios or pools and how shared driveways or access points can become sources of neighborly conflict if not clearly defined in legal terms.
New Jersey law allows for the creation of easements out of necessity, particularly when a property has no access to public roads except by crossing a neighboring lot. Such legal constructs ensure functional access but can also create obligations or restrictions for one or both property owners. In situations involving utility companies or municipalities, easements can grant access for service installation or maintenance, again limiting an owner’s ability to freely use every part of the property.
Addressing the responsibility for right-of-way property, the article explains that although municipalities have the right to access these areas for maintenance purposes, it is usually the adjacent property owner’s duty to manage upkeep, such as sidewalk repairs or tree trimming. This creates another layer of responsibility and legal nuance that can surprise homeowners unaware of their obligations.
Christine Matus also explains how easements can be terminated. Some may expire after a set time, be abandoned, or end through mutual agreement. In some cases, the merging of properties can eliminate the need for an easement, or a court order may be pursued to resolve lingering disputes. Understanding how easements work and ensuring they are properly documented or challenged is a crucial part of managing real estate in New Jersey.
For those considering a property purchase or already facing limitations due to easements, Christine Matus recommends consulting with a legal professional early in the process. Identifying easements during the title search phase can prevent future disputes and clarify responsibilities. According to the article, The Matus Law Group offers guidance on identifying, interpreting, and resolving issues related to easements, helping buyers and owners protect their property rights and investment goals.
Easements are more than minor inconveniences—they can shape the value and usability of a property for years to come. Christine Matus, a respected New Jersey real estate attorney, highlights the importance of clear legal understanding when navigating these issues. Through comprehensive title reviews and informed legal support, The Matus Law Group helps clients make sound decisions that align with their goals and obligations.
Learn more about how easements could impact a real estate transaction or ongoing property use by contacting The Matus Law Group for guidance from Christine Matus and her legal team.
About The Matus Law Group:
The Matus Law Group is a New Jersey-based legal firm focused on estate planning, special needs planning, and real estate law. Led by Christine Matus, the firm provides guidance tailored to individual circumstances while helping clients understand their rights and legal options related to property ownership and real estate transactions.
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