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