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ARTICLE · 03 FEBRUARY 2014

The Jersey Devil Is in the Details

Fox Rothschild LLP
Fox Rothschild LLP
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If you want to limit the use of an access easement benefiting an adjacent parcel in New Jersey, then you’d better spell it out.

United StatesReal Estate and Construction

If you want to limit the use of an access easement benefiting an adjacent parcel in New Jersey, then you'd better spell it out. A very recent decision issued in New Jersey and approved for publication by the Appellate Division represents the state of the law on this issue and is important for developers and others, particularly in the context of subdivisions. The case is entitled Caribbean House, Inc. v. North Hudson Yacht Club, et al, decided and approved for publication on December 30, 2013.  

Caribbean House operates a "co-op" on a tract of land which it owns in Edgewater, New Jersey. The property is bordered on the east by the Hudson River and on the west by River Road. In 1968, Caribbean House subdivided the parcel, retaining the western portion bordering River Road for itself and conveying the eastern portion bordering the Hudson River to North Hudson Yacht Club (Yacht Club). In connection with its conveyance, Caribbean House granted to Yacht Club a ten foot

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