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Easement Assessment FAQ

June 04, 2016 10:30 PM | Sebastian Ostolaza (Administrator)

 The Lake Parsippany Property Owners Association (LPPOA) was formed in 1933 and has managed the Lake and property funded solely on the dues of membership. The LPPOA is the organization that manages Lake Parsippany and the associated property.
The management of The Lake includes paying property taxes, lawn and tree care, property and liability insurance, water quality management, property maintenance, staffing of the beaches, and management of activities.


  The LPPOA is investigating the feasibility and possibility of implementing an easement assessment on all property owners for certain expenses related to maintenance of the common areas within the boundaries of the original purchase tract of Lake Parsippany. The following language found in deeds in the title searches: "together with the right to use, in common with others, the waters of Lake Parsippany for bathing, boating and fishing." This language gives property owners an “easement” over the LPPOA property.

  An easement is generally the right in the land of another; it does not give the holder a right of possession of the land subject to the easement, but gives a right to the burdened property.

  The rights given to property owners in Lake Parsippany for the use of the lake for bathing, boating and fishing would be considered an easement. Moreover, the language in the restrictions indicates that the easement runs to each property owner in the chain of title for that property, which benefits all current owners, even if the easement language is not in the current deed. As a part of the investigation into the feasibility of an Easement Assessment the LPPOA has verified this understanding with our attorney.

  One very important understanding from our attorney is New Jersey courts have recognized that lake associations that did not require mandatory membership in an association when they were originally formed can assess non-members who hold an easement over the lake and common properties. The theory of “fair share” assessment was developed in a series of cases which determined that a property which holds an easement to another property bore responsibility for the maintenance of that easement, which would be collected by an easement assessment fee.

  We hope you will find this FAQ document helpful. We would like to get feedback from you, so if you have questions please go to our web site www.lake-parsippany.org and use the Contact Us option.

 

Respectfully
Bill Sempier
Vice President LPPOA

EASEMENT-ASSESMENT-FAQ-DOC--FINAL.pdf



Lake Parsippany Property Owners Association

P.O. Box 62

Parsippany, NJ 07054