Rosen v. Keeler, A-0555-08T2; Appellate Division; opinion by Lisa, P.J.A.D.; decided and approved for publication January 27, 2010. Before Judges Lisa, Alvarez and Coburn. On appeal from the Chancery Division, Ocean County, C-160-07. [Sat below: Judge Buczynski.] DDS No. 34-2-6640 [27 pp.]
This case involves a dispute regarding a beach access easement. The properties are located on Long Beach Island and are separated by Long Beach Boulevard. The Rosens own a bayfront lot that they purchased in 1986. The property directly across the boulevard was owned by Robert and Ellen Seltzer. They subdivided it into an oceanfront lot and a lot on the boulevard in 1978 and executed and recorded a “Declaration of Easements and Restrictions,” which created an easement appurtenant giving the owners of the boulevard lot, their family and invited guests the right to cross over a “5 Foot Strip” of land on the ocean lot to access the beach.
