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National Law Review
National Law Review
6/15/2026
New Jersey Court Enforces Strict Easement Expiration Despite Business Hardship

New Jersey Court Enforces Strict Easement Expiration Despite Business Hardship

Original: When the Drive-Through Closes- NJ Appellate Division Rejects Easement Extension and Relative Hardship Claim

Short summary

New Jersey court upheld the expiration of a 30-year commercial easement for a Dunkin' Donuts drive-through, rejecting claims for extension based on relative hardship. Plain language of the easement deed controls duration; successors inherit rights as written, and financial hardship alone does not trigger equitable relief. Practitioners must track expiration dates in recorded easement deeds through all property transfers.

  • Easement terms strictly enforced per plain deed language regardless of ongoing business operations
  • Relative hardship doctrine rejected—no equitable relief when party assumed known expiration risk
  • Successors must track expiration dates; failures to account for deed terms are not grounds for extension

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