In The Legal Loop

100 Year Old Easement

100 Year Old Easement

by Marc E. Leibman Esq.

Another case successfully concluded by Marc Leibman, Esq., involved a 100-year-old right-of-way between two property owners in Leonia, New Jersey. Amazingly, this case had been litigated, at least partially, in the 1960s. The facts here involved two homes next to each other that had shared a common driveway since at least 1914. Documents from the County Clerk’s office back in 1944 confirmed that the occupants of the two homes shared the driveway. Each granted to the other an easement to use the driveway.

In the 1960s, one of the neighbors tried to stop the other from using the driveway, which resulted in a lawsuit. The suit concluded in 1966 with an agreement that the easement was in full force and effect and remained valid.

Fast forward to 2013, and one neighbor sued the other to extinguish his right to use the easement. He argued that because a new driveway was installed for this owner, he no longer needed the right of way. We thoroughly researched this issue, reviewing cases going back over 100 years. We filed a voluminous summary judgment motion which permitted the court to dismiss the case without the need of a trial.

The court concluded the easement remained valid and ordered the neighbor who filed the lawsuit to remove her fence and not interfere with our client’s right of way.

We have experience with prescriptive easements, easements by necessity, easements for utilities, and lawsuits to enforce property rights.

If you have a complicated real estate issue and need help, call us.

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