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Rocci v. 334 Main Street, Inc.

A-4580-02T5 (N.J. Super. App. Div. 2004) (Unpublished)

EASEMENTS—An easement granting access to additional parking spaces implies that it is wide enough to meet governmental requirements so as to reasonably service the parking spaces.

To use a parcel of land for its intended commercial purpose, its buyer needed more parking spaces. It sued its seller and by way of a settlement, the buyer got parking spaces on the seller’s adjoining lot and got an easement to access the additional parking area from the street. When the municipality required the width of the proposed common driveway to be more than double the size that had been anticipated by the parties, the seller contended that this significantly changed the settlement agreement, and therefore that the settlement agreement should be nullified. The lower court held that the agreement was binding because it clearly stated, “[the seller] shall grant a driveway access easement to [the buyer] as may be necessary and appropriate for [the buyer] to have access to the additional parking spaces.” The seller appealed, but the Appellate Division agreed with the lower court. The buyer’s right to use the parking spaces on the seller’s property would have been meaningless without access to these spaces.

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