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KHALIL v. MOTWANI

871 A.2d 96 (2005)

376 N.J. Super. 496

Mike KHALIL, Plaintiff-Appellant, v. Naresh and Anita MOTWANI, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided March 17, 2005.

Attorney(s) appearing for the Case

Mike Khalil, appellant, argued the cause pro se.

Naresh Motwani, respondent, argued the cause pro se.

Before Judges WEFING, PAYNE and C.S. FISHER.

The opinion of the court was delivered by

FISHER, J.A.D.

In this appeal, we hold that tenants of property benefited by an easement over a neighbor's property were entitled to use the easement, even though "tenants" were not expressly referred to in the instrument that created the easement, and we likewise hold that tenants have the right to sue to enforce this right. As a result, we reject the trial judge's determination that a tenant — here, plaintiff...

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