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New Jersey Land Use & Zoning Questions & Answers
1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Land Use & Zoning for New Jersey on
Q: If I live in a smoke free building in NJ. Can I smoke about 20ft away from the entrance? Or do the building rules apply?

The house rule state that no smoking permitted inside the building or immediately in front of the building or any of the utility rooms.

Morris Leo Greb
Morris Leo Greb answered on Jun 16, 2021

It will depend on whether the 20 foot distance is still on private property. If you wish to smoke stand on the public streets.

1 Answer | Asked in Land Use & Zoning for New Jersey on
Q: We have a paper street between two houses in New Jersey. Township has not maintained property for 100 years .

They are now threatening to auction off the property! What are my rights? What is NJ law under these circumstances? This all came about due to request for vacation in order to build new house up to property line. Don’t we own the lot along with neighbour due to abandonment?

Morris Leo Greb
Morris Leo Greb answered on Jun 5, 2021

If the municipality is vacating the paper street, it should divide the property equally between or amongst property owners abutting the vacated portion of the paper street.

1 Answer | Asked in Land Use & Zoning for New Jersey on
Q: Hi what clearance for parking besides the drive way in Elmwood Park

I have some body parking his cargo van beside my driveway I can't see any cars comes from the street

Morris Leo Greb
Morris Leo Greb answered on Jun 5, 2021

Every municipality has its own zoning and traffic ordinances. I suggest you call the municipal engineer or the planning department to discuss this issue.

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Land Use & Zoning for New Jersey on
Q: What is my legality in a commercial lease building that I’m hosting events/production?

Is it legal for the owner to get in my business?

Leonard R. Boyer
Leonard R. Boyer answered on May 30, 2021

You need to take your lease to an experienced NJ civil litigation and contracts attorney, who can provide you with meaningful advice. You may need special licensing, insurance and permits as well. All this takes time, especially if you have a tight schedule. You did not mention what town you are... Read more »

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1 Answer | Asked in Land Use & Zoning and Municipal Law for New Jersey on
Q: Are protections afforded developers against ordinance changes in effect upon Site Plan application or Approval?

I have been told that once a developer submits a site plan application they are protected from local ordinance changes or state regulation changes. I read the NJ Municipal Land Use Law as affording such protections only after an applicant receives Preliminary Site Plan approval.

Morris Leo Greb
Morris Leo Greb answered on Feb 28, 2021

Generally, the protection is from approval. Often the approvals contain a provision limiting the length of time for protection.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: Edison wants family estate home to provide a closed permit for an inground pool to get a CO. We only have the permit #.

What do we need to do to close out this 37 year old permit? Buyers waiting on us to get CO from the town.

Morris Leo Greb
Morris Leo Greb answered on Feb 9, 2021

Apply to the town foe a CO. Pay the fee and satisfy any conditions imposed.

1 Answer | Asked in Land Use & Zoning for New Jersey on
Q: How do I obtain a child care license in Westville NJ? I have a commercial building that is 5,100 sq ft. What do I need?
Morris Leo Greb
Morris Leo Greb answered on Nov 28, 2020

My response only address the land use issues portion of your broad question. You will need to meet with the zoning officer to discuss what is required under the municipal ordinances to determine if the use is fully compliant and to obtain an occupancy permit. If not fully compliant and depending on... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: multi unit-individually metered privately owned property. Can owner assume control of utility w/o master meter at will?

nj property

Morris Leo Greb
Morris Leo Greb answered on Oct 15, 2020

I previously answered this question. Please review your records to confirm.

M.L.Greb, Esq

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: can PropMgmt comp assume control of utilitymeters on the property if they are already independently metered .?

currentl tenants have utility responsibility and there is no Master meter that reads the whole property. Tenants are directly billed and the landlord has no current responsibility with the utility in that regard. Can they legally assume the responsibility without consent from the tenant as well as... Read more »

Morris Leo Greb
Morris Leo Greb answered on Oct 6, 2020

As is true with most question concerning commonly owned property such as condominiums and cooperatives, it is important to read the organic documents to determine what powers were given to Board of Directors. Generally, changes in the duties of owners and the power of the Boar to affect those... Read more »

1 Answer | Asked in Real Estate Law, Agricultural Law and Land Use & Zoning for New Jersey on
Q: Neighbor refuses to return our calls to discuss our concerns over the safety of his weeping willow tree.

The tree is now 60-70 ft. tall. We know they should not be planted in this residential area and we had one uproot on our property. No help from local zoning or tree commission who know our neighbor. We can be killed if it falls or uproots onto our property. I have contacted approximately 19... Read more »

Morris Leo Greb
Morris Leo Greb answered on Sep 13, 2020

Speak to a local arborist to review the situation and his/her opinion as to the immediacy of any potential danger and what are the suggested remedies. Then speak to an attorney to review your legal rights and courses of action available to you. An immediate step would to put the municipality on... Read more »

1 Answer | Asked in Land Use & Zoning for New Jersey on
Q: I rent a house and lease is not up for a few months but I found out that the property is not right on the survey

The property next door is pending sale and my house and have my portable garage is on the property next door. Can I hold the landlord responsible for paying me back my rent and moving expenses

Morris Leo Greb
Morris Leo Greb answered on Aug 26, 2020

This response reflects NJ case law and statutes. There are several items missing from your question that are important for a sound answer. The first is whether or not there is a written lease. If not, what are the terms of your oral lease? A lease generally has a covenant of quiet enjoyment. Quiet... Read more »

1 Answer | Asked in Land Use & Zoning for New Jersey on
Q: How do I find the location of land a person inherited in Puerto Rico?
Morris Leo Greb
Morris Leo Greb answered on Aug 25, 2020

Retain competent real estate attorney practicing in Puerto Rico.

1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for New Jersey on
Q: Can I sue my neighbor's to pay for half of a privacy fence ?

For two years we have asked our neighbor to please control his growth and anytime we did he said that we can cut back anything on our side . They had friends in the township zoning office wrote a fraudulent letter for them which I had corrected by the township manager . They told us in a letter... Read more »

Morris Leo Greb
Morris Leo Greb answered on Aug 12, 2020

As always my responses are based upon the application of NJ law. The answer may not be in accordance with the laws of the other 49 States. My second of my always responses is that anyone can sue anyone, the real question is whether a party as plaintiff (the one who sues) will prevail. The question... Read more »

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for New Jersey on
Q: What if the apartment the tenant is residing in is an illegal conversion and has proof

I live in an illegal conversion and my landlord wants to evict us cause I got into an argument with him cause hes not turning on heat and my wife is pregant

Peter A. Michael
Peter A. Michael answered on Feb 7, 2020

If you are living in a legal apartment, then you may be entitled to reallocation fees. In the state of New Jersey reallocation fees are your monthly rent times 6. I highly recommend you consult with an attorney trained in the area of landlord tenant. My office offers a free no obligation... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Land Use & Zoning and Real Estate Law for New Jersey on
Q: Can someone commit a scam of selling you property?

I have two issues. My son put down payment on a piece of land in a remote area. He is supposed to pay the owner + pay the taxes every month until it's paid off. the owner will hold the deed until he pays it off. It doesn't seem kosher to me. My son does flip houses and is familiar... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 1, 2019

Yes, scams happen all the time. I suggest you have your son set up a consultation with a lawyer as you have many questions here and obviously this will take some time and more information would be needed to answer these questions. Expect to pay that attorney for his time and advice.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: Determining a fair price for the sale of a piece of my property?

Edit Status

Join Date: Aug 2018

1 posts

Reputation: 10

Out of the blue this week, a contractor approached me about selling a 25 by 260 section of my property in order for him to build a road (my property is currently 100 by 260). He bought a large parcel of land... Read more »

Jay Schmerler
Jay Schmerler answered on Aug 1, 2018

First of all speak with an attorney knowledgeable of land use law. You want to be sure that what land you are left with meets the zoning requirements for your area. In addition, you don't say, but is there a mortgage on your home? You'll have to deal with your Lender for its OK before you... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: What does a zoning enforcement officer, fire prevention officer and housing enforcement officer look for in inspection?

I have owned a house for about 3 years now. The property is about 60 years old. It is a 2 family with finished basement. Basement is vacant.

I just received a letter that zoning department, fire prevention unit and housing enforcement unit wants to see my house. What exactly will they... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 26, 2018

In general they look for criminal and civil violations of both municipal ordinances and state regulations and laws. If a violation is found you will be given either notice to correct or a summons to appear in court.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: My house is paid off and now want to buy a forclosure house but my current house has not been sold yet what can I do?
Leonard R. Boyer
Leonard R. Boyer answered on Mar 24, 2018

Any time, prior to purchasing a foreclosure, you need to retain an experienced mortgage foreclosure defense attorney, who will have the expertise to help you avoid problems with foreclosed properties, which can have devastating financial consequences for the uneducated and unprepared.

1 Answer | Asked in Foreclosure, Land Use & Zoning, Real Estate Law and Tax Law for New Jersey on
Q: Tax sale foreclosure in NJ: On only 1 of 2 lots which combined makeup prop address. Can foreclose addres inc both lots?

lienholder has lien on 1 landlocked, 2nd lot vacant, driveway. Twp merged 2nd lot with abutting lot which is also undersized vacant lot under Doctrine of Mergers. Lienholder Complaint foreclosing prop address which includes both lots.

I argued with twp assessor this was not correct app of... Read more »

Derek John Soltis
Derek John Soltis answered on Jan 29, 2018

You need to speak to an attorney. You have very complicated issues surrounding your property, and no attorney is going to be able to guide you through how to solve your problem without first reviewing your file. Reach out to an attorney who focuses on tax liens and real estate.

1 Answer | Asked in Land Use & Zoning for New Jersey on
Q: Is there a time limit on how long a buyer has to present case in front of Land Use Board to obtain D variance?

Application has not been heard for various reasons for the last year, but Applicant hasn't withdrawn application. The original testimony and witnesses were now heard over a year ago.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 24, 2018

Much more information would be needed to answer your question, to start with you haven't even told us the town, I suggest you setup an in person consultation with a lawyer, however be prepared to pay since this information is what attorneys charge for..

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