National Law Review
6/15/2026

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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