Cortes & Hay Details What New Jersey Homebuyers Should Know About Easements

Easements Explained: What NJ Buyers Need to Know Before Closing

Flemington, United States - July 13, 2026 / Cortes & Hay Title Agency, Inc. /

FOR IMMEDIATE RELEASE

FLEMINGTON, NJ, July 13, 2026 — Cortes & Hay, a title insurance agency with over five decades of experience serving New Jersey’s residential and commercial real estate markets, published a new resource outlining what New Jersey homebuyers need to know about the role of easements in the title insurance process.

“As we proceed through the heart of the busy real estate season, New Jersey homebuyers - especially those unfamiliar with the process - may have some questions about the role easements may play in their transaction,” said Justin Hay, president of Cortes & Hay. “Our new resource outlines exactly what those involved in the real estate process here in New Jersey should understand with easements - from what they are and the most common types to what title insurance does and doesn’t cover for easements.”

Now available on Cortes & Hay, the new post answers essential easement questions, including:

What Are Easements?

Easements are the legal right for another party to use a part of your property for a purpose without that party actually owning that property. That other party might be a person (such as a neighbor), a company (such as a utility or a company housed in a neighboring building), or even a government agency. In New Jersey, a state with an incredibly dense housing environment that often runs right up against trails, parks, and other natural elements (along with other urban considerations), easements are relatively common.

What Are the Common Types of Easements in New Jersey Real Estate?

New Jersey homebuyers should be aware of these types of easements in the state:

Perhaps the most common type of easement is the Utility Easement; these allow utility companies to construct, maintain, or work with things like pipes, wires, sewer lines, and other infrastructure on your property. You likely won’t have permission to interfere with their work with a utility easement.
Right-of-way or Access easements give a party the right to access your property to reach another destination. For oceanfront property, for example, a right-of-way easement could grant a path through your property to access a beach.
Prescriptive easements are unwritten, use-based easements recognized by the court after a period of time (which can span decades). If one party openly and continuously uses a piece of property for their purposes - parking a car, for example - over a long period of time, courts may rule that any attempt by the property owner to suddenly block that access might be a violation.

What Does - and Doesn’t - Title Insurance Cover With Easements?

The most important thing to know about title insurance and easements is that standard title insurance policies typically exclude known easements (visible, recorded, or detailed in the Schedule B section of your policy). That means issues with those recorded easements will not be covered by your title insurance policy. Instead, title insurance mainly protects you against the unknown title insurance issues - those undisclosed or unrecorded issues that might come up in the future.

However, there is an option for parties seeking additional protection for easements in their title insurance. An enhanced title insurance policy could provide another layer of support and coverage to protect homeowners; interested New Jersey homebuyers should talk with their title insurance coverage to learn more about what enhanced title insurance may provide.

What Should New Jersey Homebuyers Do About Easements Before Their Closing?

Before their closing, New Jersey homeowners should:

Acquire and review the full title commitment to the property. Read the full “Schedule B” section of your title commitment to learn about everything your title company will do at closing; it will also detail any easements the title insurance will not cover.
Secure a current survey for your property. Don’t rely on older, out-of-date surveys. Arrange for a full property survey to get a full handle on any boundary or other easement issues that may require future attention.
Ask questions. Have concerns about a boundary, shared space, utility line, or something similar? Ask questions to the sellers, neighbors, the title company, and the real estate agent; the more questions you ask at the start of the process, the fewer problems you’ll have down the line.

About Cortes & Hay

Cortes & Hay offers over 50 years of experience in residential, commercial, and industrial title insurance. Our veteran leadership provides a wide range of expertise, from multiple-tract assemblage to improvements on leased land or residential subdivisions, giving our clients the confidence and peace of mind they deserve in their title insurance transaction. Additionally, Cortes & Hay specializes in 1031 exchanges and settlement services, including property sales, purchases, refinancings, and attorney-assisted closings.

As a commitment to our clients and everyone we do business with, Cortes & Hay takes the strictest steps to conform with all industry standards set by the American Land Title Association’s (ALTA’s) Title Insurance and Settlement Company Best Practices.

Cortes & Hay has two convenient locations in New Jersey (Flemington and Hoboken) and proudly serves the entire state.